248 U.S. 154· 12/16/1918

Petrie v. Nampa & Meridian Irrigation District

Syllabus

<p>Upon an.application to an Idaho court for approval of a proposed contract for sale of water rights by the United States to an Irriga-tion District, and for sharing between them certain drainage expenses, landowners objected that the contract exceeded the powers of- the United States, the Secretary of the Interior, and-the District, that its execution would entail assessments on their land within the District otherwise supplied with sufficient water for irrigation, and that for this reason they would-be deprived of property without due process of law] or compensation, in violation of the Fourteenth Amendment. Held, that a federal question was presented., P. 157.</p> <p>But, since the Idah.o Supreme Court, while holding that the contract would be valid and that its confirmation -would mot invade the .landowners’ constitutional rights as claimed, also decided that under the-state law the objection was. premature for-the reason that such confirmation would not impose any burden upon their lands ,- until- assessments should be made upon them in subsequent proceedings on the basis of benefits conferred, and upon full notice and hearing with opportunity for plenary judicial review; Held, that the judgment was based upon an .independent, non-federal ground, broad enough to support it, and that a writ of error from this court must be dismissed. P. 158. ' •</p>

Judges: Clarke

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