Jones v. Belzoni Drainage District

Citations

• 102 Miss. 796
• 59 So. 921

Syllabus

<p>1. Laws 1912, Chapter 195.- Drainage. Special assessments. Uniformity. Constitution 1890, section 112. Functions of county assessor. Statutes. Validity. Constitutional law. Due process of law. Delegation of legislative powers. Notice. Eminent domain. Talcing of property without due compensation.</p> <p>Chapter 195 of Laws of 1912 conferring upon commissioners appointed by the board of supervisors the power to assess the benefits to all of the land embraced in the drainage district resulting thereto from the construction of a scheme of drainage, is not violative of section 112, Constitution 1890, providing that taxation shall be uniform and equal throughout the state, since this section of the Constitution has no application to local assessments.</p> <p>2. County, Assessor. Duties.</p> <p>The county assessor has nothing to do with assessments of benefits for local improvements, unless the Legislature should see fit to impose upon him this duty and in such case his powers would come from the statute and not from the Constitution.</p> <p>S. Laws 1912, Chapter 195. Yalidity. Private laws.</p> <p>Chapter 195, Laws 1912, providing for the organization of a drainage district is not invalid as being a private law but is for the public benefit, its two main purposes being to improve the lands embraced therein for agricultural purposes and to promote the public health of the inhabitants of that and contiguous territory.</p> <p>4. Laws 1912, Chapter 195. Due process.</p> <p>Chapter 195, Laws 1912, does not authorize the commissioners provided for therein “to take private property without due process,” as the whole matter of notice, hearing, assessment of damages, decision and appeal is provided for in said act.</p> <p>5. Same.</p> <p>The Drainage Act, Laws 1912, chapter 155, does not delegate to the board of supervisors legislative powers; it simply enacted a complete scheme of legislation, providing a method by which landholders may avail themselves of the benefit of the s