Breiholz v. Board of Supervisors of Pocahontas Cty.

Citations

• 257 U.S. 118
• 42 S. Ct. 13
• 66 L. Ed. 159
• 1921 U.S. LEXIS 1323

Syllabus

<p>1. A state law under which a drainage district has been established, the ditches constructed and the cost assessed upon the landowners in proportion to benefits, all after due notice and oppor- • tunity to be heard, does not violate their right to due process, under the Fourteenth Amendment, in empowering a supervising board, without further notice, to determine the necessity and extent of cleaning and repairs, and to assess tbe cost upon the lands in proportion to the original assessments. P. 123.</p> <p>2. So held of an Iowa law (Code Supp. 1913, § 1989-a21) which permits the board for the purpose of “ repair ” to enlarge, reopen, deepen, widen, straighten or lengthen ditches, but where the work done was within the scope of a cleaning, alteration and repair of the ditch system, necessary to promote its usefulness, and no new taking of property was involved. P. 124.</p>