Roby v. Shunganunga Drainage District

Citations

• 77 Kan. 754
• 95 P. 399
• 1908 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Drainage Districts — Lands that■ May he Included. The drainage act (Laws 1905, ch. 215) authorizes the formation of districts to include lands subject to injury and damage from overflow as well as lands subject to actual overflow.</p> <p>2. -Same. The legislature has power to provide for the organization of such districts, which may embrace parts of incorporated cities with other territory for the purposes specified in the act.</p> <p>3. - Taxation — Lands that May he Assessed. Lands included within such drainage districts which are not, never have been and can never be subject to overflow may neverthe- ■ less be lawfully assessed in proportion to benefits derived to pay for improvements authorized by the.act, if they are subject to injury and damage from the overflow of other lands.</p> <p>4. -Injunction — Collection of Assessment. The collection of such special assessments, levied after notice and an opportunity to be heard thereon have been given to the landowner, as provided in the act, should not be enjoined where the property so assessed may possibly be benefited by the proposed improvement and there is no claim that the board acted fraudulently or oppressively in determining the facts and making the assessment.</p>