Reclamation District No. 537 of Yolo County v. Burger

Citations

• 122 Cal. 442

Syllabus

<p>Reclamation District—Organization—Jurisdiction of Supervisors.— The board of supervisors cannot acquire jurisdiction to organize a new reclamation district unless a petition therefor, purporting to bear the requisite number of signatures of the owners of one-half of the acreage of the district as organized, is presented to the board, in which case the board is authorized to determine and adjudicate questions of fact arising upon such petition.</p> <p>Id.—Proceeding in Invitum—Enforcement of Assessment—Attack upon Corporation.—The organization of a reclamation district results in putting a burden on property against the will of the owners, and the requirements of the law as to such a proceeding cannot be evaded by calling it a corporation; and in an action to enforce an assessment levied by the district, if its organization is denied, the question is not whether the district has so acted as to become a corporation de facto, but whether there has been in fact a substantial compliance with the law, and the exercise of jurisdiction by the board of supervisors • to determine facts presented before it by a petition sufficient in form and purporting to be sufficiently signed.</p> <p>Id.—Signature by Administratrix—Adjudication by Supervisors.— Though the administratrix of an estate is not competent as such to sign a petition for the organization of a reclamation district, yet if the petition was otherwise sufficient, and did not show that one of the signers was an administratrix of any estate, but merely showed that the word “administratrix” was appended to her signature, the question of her ownership was one of fact, upon which the determination of the board was conclusive; and no proof to the contrary is competent.</p> <p>Id.—Assessment—Proportion to Benefits—Evidence—Opinions.—In an action by a reclamation district to enforce an assessment, it is not competent to ask witnesses for their opinions, upon the precise issue being tried by the court, as to whether the asse