Oregon-Washington Railroad & Navigation Co. v. Board of Commissioners

Citations

• 103 Wash. 480

Syllabus

<p>Constitutional Law — Due Process — Special Assessments — Review by Courts — Necessity. Tbe drainage district law, Rem. Code, §§ 4226-1 to 4226-41, does not violate the due process clauses of the state and Federal constitutions, in that it provides for special assessment without the medium of any review by the courts; due process being afforded when there is opportunity to be heard before the body which is to make the assessment.</p> <p>Drains — Assessment — Benefits. An assessment for a drain against railroad right of way cannot be sustained in a sum greater than that upon other property on the theory that, by drying up the country and protecting it from floods, it makes the roads in the vicinity more accessible and adds to the business of the railroad; since that is a general and not a special benefit; and a greater burden on one property than upon others requires some different or special benefit to such property.</p> <p>Same — Assessment—Benefits. An arbitrary drainage assessment of a railroad right of way in a disproportionate sum cannot be sustained because the property was benefited to the extent of the assessment, which was to be apportioned ratably and equitably.</p> <p>Fullerton, J., dissents.</p>