Public Policy Editorials 1

Cover Public Policy Editorials 1
Public Policy Editorials 1
Foote, Allen Ripley, 1842-1921
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A franchise, within the meaning of the law as the term is here used, is a right granted by the state or by a municipality to private individuals to make a special use of public property and highways, for the purpose of rendering a public service and Digitized by Google FORD FRANCHISE TAX LAW. 53 thereby promoting the public welfare. By this act this right is defined to be real property, and its assessment for the purposes of taxation as real estate is made man- datory.
Senator Ford, the suppose
...d author of this amend- ment, is reported to have stated that "the Court of Appeals has already declared such a privilege to be a right in perpetuity in the streets. Its value can accurately be determined, particularly in the case of street railroads operating wholly in the streets, by the aggregate market value of the securities, which is, of course, fixed in turn by the net earnings of the road." A deed conveying ownership to real estate grants the right of ownership in perpetuity. We are told the courts hold that a grant of a right by the state or by a municipality to private persons to make a special use of public property is a right in perpetuity.

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