Balch v. Glenn

Citations

• 85 Kan. 735
• 119 P. 67
• 1911 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutes — Creating Entomological Commission — Constitutional. The statute creating the entomological commission and providing for the extermination of San José scale and other orchard pests (Gen. Stat. 1909, §§ 8727-8739) is a valid exercise of the police power.</p> <p>2. -Same. The statute is not invalid because it delegates to the commission the power to declare the existence of conditions which- call into operation the provisions of the statute.</p> <p>3. -Same. The legislature of the state may declare that to be a nuisance which is detrimental to the health, morals, peace or welfare of its citizens, and may confer power upon local boards or tribunals to exercise the police power of the state when in the judgment of such tribunals the conditions exist which the legislature has declared constitute such nuisance.</p> <p>4. -Same. Nor is the statute in question unconstitutional on the ground that it provides for taking private property without due process of law. It rests wholly with the legislature whether, in the exercise of its power of police regulation, the individual whose property is destroyed shall receive compensation ■ therefor.</p> <p>5. -Same. The statute is designed to protect and promote the horticultural interests of the state and, in effect, makes all orchards, trees, shrubs and plants infested with the pests mentioned in the statute public nuisances, and being a proper exercise of the police power is not unconstitutional because it authorizes the expense of abating such nuisance to be charged against the property of the owner.</p> <p>6. - Same. Nor is the statute unconstitutional because no separate tribunal is provided by which the owner may contest the amount of expense which shall be charged against his property. The act requires notice to be served upon the owner stating the amount of expense incurred by the commission and notifying him that unless such expense be paid within twenty days the same will be taxe