61 Cal. 104 | Cal. | 1882
The point relied upon by the appellant is that the provisions of the Political Code relating to the assessment of lands within reclamation districts are unconstitutional and therefore void. They are said to be unconstitutional because they do not provide for any mode by which a party assessed shall have notice of the proceeding, and an opportunity to object to the amount- charged against his land. Section 3456 pror vides that the Commissioners appointed by the Board of Supervisors “ must view and assess upon the lands situated within the district a charge proportionate to the whole expense and to the benefits which will result from such works” of reclamation.
No assessment against any tract of land can be enforced except by action, to which the owner of the tract must be made a party. (Pol. C., § 3466.) The judgment appealed .from was rendered in such an action; and to such an action
In the case before us the defendant set up in his answer that his lands were not and could not have been .benefited by the works of reclamation. But the Court below found that the Commissioners “ did jointly view and assess upon each and every one of. said lands to be reclaimed or benefited” by the works, “a tax proportionate to the whole expense, and to the benefits which would and will result from the works,” and made a list of the amount due from each owner, eta The evidence is not before us, and we must suppose that defendant was properly assessed.
It may be, and probably is, true that the Court below had no power to change the assessment, but of this defendant can not complain, since the Court had power to declare the assessment invalid in so far as it purported to create a charge against his lands.
Judgment affirmed.