Reclamation Dist. No. 124 v. Gray

Citations

• 95 Cal. 601
• 30 P. 779
• 1892 Cal. LEXIS 872

Syllabus

<p>Reclamation District — Action to Recover Assessment — Validity of De Facto Organization — Acts of Officers Levying Assessment. — In an action to recover an assessment levied upon land by a de facto reclamation district, the defendant cannot collaterally question the validity of the organization of the district, or of the acts of the board' of trustees and commissioners in using data in the nature of evidence furnished by surveys, estimates, and reports considered by them as to the assessment of lands in the district, not invalidating their acts, otherwise legal, in levying the assessment sued upon.</p> <p>Id. —Legislative Validation of District — Proof of Corporate Existence— Validity of Assessment.—An act of the legislature purporting to legalize and validate a reclamation district is conclusive proof, in an action to recover an assessment upon lands in the district, of the existence of the corporation from the time of the passage of the act, and an assessment levied thereafter in accordance with the statute having reference to the organization of the district is valid and enforceable.</p> <p>Id. — Public Corporation — Creation by Special Act or Legislative Recognition.—A reclamation district is a public corporation, which can be created not only by the means and in the manner provided by the general law, but also by special act or implication. Legislative recognition is in many cases sufficient proof of its existence.</p>