86 Iowa 315 | Iowa | 1892
The defendant was incorporated in April, 1890, its corporate limits including the west half of section 1, and all of section 2, in township 98, north of range 44 west, in Wheeler township, Lyon county, and the south half of section 35, and the southwest quarter of section 36, in township 99 north, of range 44 west, in Liberal township, Lyon county.
The platted portion’of the territory of the defendant occupies the northeast quarter of section 2. There are about fifty buildings on that territory, and not more than two or three new ones are added to the number each year. Only a small portion of the lots in the platted portion of the to’wn are occupied by buildings, and there is land east and south of it which is higher, and in some respects more desirable for residence purposes than is the land in question, some of which is low and occupied by sloughs. It is shown, however, that the business portion of the town extends to within about one block of that land, and evidence was introduced which tends to show that portions of it are desirable for residence purposes, and there would be a demand for lots there if they were platted and offered for sale.
Section 1051 of the revision'of 1860 authorized a severance of territory in a case of this kind, “if the court or jury shall be * * * satisfied that justice and equity require that the prayer of the petitioners should be granted.” The words, “that justice and equity require,” are omitted from section 443 of the Code, which authorizes a severance “if the court or
It was said in Evans v. Council Bluffs, 65 Iowa, 239, that cities ought not to be permitted to retain lands within their limits which are not needed for city purposes, and which are not benefited by being within the corporation, and against the will of the owner, for the mere purpose of deriving revenue therefrom, and the same rule would apply to incorporated towns. But it does not appear that in this case the land in question is desired for revenue purposes, nor that the taxes thereon are more than they would be if it were outside the limits of the town. The wishes of the owners of the land are entitled to weight, but should not be permitted to control. The, future growth of the town, its probable improvement, especially for sanitary purposes, the importance of having jurisdiction of the territory for various purposes accomplished by the exercise of the police powers of the-town, and perhaps other matters — should be duly considered. No doubt this was done by the district court, and the question for us to determine is not whether, on the evidence submitted, we should have reached the conclusion which it did, but whether an abuse of the legal discre
We are of the opinion that the question must he •answered in the negative. The judgment of the district court is affirmed.