Hansen v. Hammer

Citations

• 15 Wash. 315
• 46 P. 332
• 1896 Wash. LEXIS 187

Syllabus

<p>CONSTITUTIONAL LAW — ESTABLISHMENT OF DIKING DISTRICTS — AUTHORITY TO LEVY SPECIAL ASSESSMENTS — APPROPRIATION OF PROPERTY— COMPENSATION TO OWNER — WHAT IS A PUBLIC PURPOSE.</p> <p>An act of the legislature providing for the establishment of diking districts, the construction and maintenance of dikes and the assessment of property benefited to pay therefor, is not unconstitutional under art. 7, §9, of the constitution, which seems to restrict the delegation of legislative power to authorize local improvements by special assessment, or by special taxation of property benefited, to the corporate authorities of cities, towns and villages, when the same section further provides that “for all corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes, and such taxes shall be uniform in respect to persons and property within the jurisdiction of the body levying the same.”</p> <p>A law providing for the condemnation of rights of way for the construction of dikes is not unconstitutional as authorizing a taking of private property without full compensation therefor having been made in money, when provision is made therein for ascertaining the cost and collecting same by assessment or the issuance of bonds, as the presumption would be that compensation would be provided in this manner before actual construction began.</p> <p>The appropriation of land for the construction of local dikes within the territory of diking districts authorized by law to be formed is a taking for a public purpose.</p> <p>Upon the formation of a diking district under Laws 1895, p. 304, personal service upon every person within the district of notice of the petition to organize the district is unnecessary, and failure to give such personal service would not constitute a taking of private property without due process of law.</p>