Reclamation District No. 108 v. Evans

Citations

• 61 Cal. 104
• 1882 Cal. LEXIS 550

Syllabus

<p>Reclamation of Swamp Lands—Assessment—Constitutional Law.—In an action upon an assessment for reclamation purposes it was objected that the provisions of the Political Code relating to the assessment of lands within Reclamation Districts are unconstitutional,—the ground of objection being that they do not provide for any mode by which a party assessed shall have notice of the proceeding and an opportunity to object to the amount charged against his land.</p> <p>Held: No assessment against any tract of land can be enforced except by action to which the owner of a tract must be made a party; and it is immaterial whether he has notice before the assessment, if in the subsequent action he has his day in Court with full opportunity to contest the charge before it is declared a lien upon his land or a judgment to be collected out of his general property.</p> <p>Id.—Id.—Action to Enforce Assessments.—In such an action it may be and probably is true that the Court below has no power to change the assessment, but of this the defendant can not complain since the Court has the power to declare the assessment invalid in so far as it purports to create a charge against his land.</p>