Behrens v. Commercial Waterway District No. 1

Citations

• 107 Wash. 155
• 181 P. 892
• 1919 Wash. LEXIS 755

Syllabus

<p>Eminent Domain (48)—Taxation—Special Assessments. Since Const., art. 7, § 9, expressly limits the levy of special assessments for local improvements to property benefited, there can be no greater charge made than a sum equal to the benefits received; for otherwise there would be a taking of property without compensation in violation of art. 1, § 16 (Held obiter, on rehearing En Banc).</p> <p>Navigable Waters (2-1)—Waterway Districts—Assessments— Maximum Benefits—Interest—Bonds. Rem. Code, § 8192a, authorizing an assessment of land benefited for the entire cost of a commercial waterway, not exceeding the maximum amount of benefits to be received, the levy not to be over twenty-five per cent of the cost in any one year, does not authorize a levy to meet interest payments on bonds to be issued in addition to the maximum benefits found, in view of the fact that there is no provision for the payment of interest, and in view of Id., § 8199a, appropriating and pledging ’‘payment” of the bonds out of the maximum benefits stated and declared (Held obiter, on rehearing En Banc).</p> <p>Statutes (35-1)—Amendments—Title—Subject. The title to chapter 152, Laws of 1917, p. 616, relating to assessments and bonds of commercial waterway districts is sufficient, under Const., art. 2, § 37, providing that no act shall be amended by mere reference to its title and requiring the amendment to set forth the act amended at full length.</p>