Jackson v. Breeland

Citations

• 103 S.C. 184
• 88 S.E. 128

Syllabus

<p>Constitutional Law. Drainage Laws. Public Improvements. Assessments. Taxation. Municipal Corporations. Bonds. Statutes. Appeal and Error.</p> <p>1. Constitutional Law • — • Federal Constitution. — The fifth amendment to the Federal Constitution has no application to the State government.</p> <p>2. Appeal and Error — Review.'—A proposition of law based upon a misapprehension as to facts inapplicable.</p> <p>3. Statutes — Constitutional Law. — Civil Code, 1912, ch. XXXII, art. I, secs. 2187 to 2238, amended 28 Stats. 455, 460; 29 Stats. 199, 249, with reference to drainage, is general in its operation, and not a special law in violation of Const., art. Ill, sec. 34, subd. 14.</p> <p>. 4. Constitutional Law — Due Process. — The drainage laws, Civil Code, ch. XXXII, art I, secs. 2187 to 2238, amended 28 Stats. 455, 460; 29 Stats. 199, 249, do not deprive landowners of property without due process, or deny them equal protection of law in violation of Const., art. I, sec. 5.</p> <p>5. Constitutional Law — Statutes—Private Property — The drainage, laws, Civil Code, ch. XXXII, art I, secs. 2187 to 2238, amended 28 Stats. 455, 460; 29 Stats. 199, 249, neither take property for private .use without the consent of the owner, nor for public use without just compensation being first made therefor, in violation of Const., art I, sec. 17, or art. IX, sec. 20,</p> <p>6. Constitutional Law — Statutes •— Drainage. — The drainage laws, Civil Code, ch. XXXII, art. I, secs. 2187 to 2238, amended 28 Stats. 455, 460; 29 Stats. 199, 249, enacted pursuant to art. I of amendments to the Constitution, Feb. 8, 1901, providing for the condemnation of lands and rights of way necessary for the drainage of lands, and assessment of damages, provide ample remedies for the assertion and protection of the rights of all concerned.</p> <p>7. Constitutional Law — Drainage—Assessments—Taxes—Statutes.— Civil Code, ch. XXXII, art. I, secs. 2187 to 2238, amended 28 Stats. ■455, 460; 29 Stats. 199, 249, au