Moore v. Thornburg

PRESTON, J.

Petitioner, a taxpayer, procured an original writ of review in this court directed to respondents, having for its object a declaration by this court that the organization within the Turlock Irrigation District of a subordinate body, under the statute of 1927 (Stats. 1927, chap. 748, p. 1415), known as Improvement District No. 1, was an illegal and void proceeding. Admittedly respondents complied with the requirements of the statute in the organization of this subordinate district. The attack upon the proceedings is confined solely to the contention that the above-mentioned statute is invalid and void.

The title of said act is as follows: “An act to provide for the organization and creation of improvement districts within irrigation districts organized under the ‘ California Irrigation District Act’; to provide for the construction of improvements therein, and for the levy of assessments on the lands of such improvement districts.” Section 1 permits two-thirds in number of the holders of title to any tract

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or contiguous tracts situate within the irrigation district and susceptible of irrigation through laterals, ditches and pipes for irrigation, separate and apart from the main irrigation system of said irrigation district, to petition the board of directors of such district for the organization of an improvement district and to levy an assessment for the payment thereof. Section

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of the act defines the nature and contents of the petition. Section 3 provides the plans and specifications, estimate and proposed assessment. Section 4 provides for the giving of notice. Section 5 provides for hearing and determination of objections to said petition and the formation of said district and proposed assessments and confers power upon the board to change the boundaries of said district. It further provides that in the event that more than one-third in number of the owners in said proposed district shall object, the application for the formation of such district shall be denied altogether by the board. Section 6 provides for the final order establishing the district and levying said assessment according to benefits and providing for a lien upon the land for payment thereof. Section 7 provides for the issuance of warrants for the amount of the assessment and for payment thereof out of funds derived from the levy and collection thereof. Section 8 provides for the manner of doing the work, the cost thereof to be paid only out of said assessment on the lands in the improvement district. Section 9 provides for additional assessments in case of insufficiency. Section 10 provides that the directors and officers of the district shall have the same powers concerning the improvement district that they possess respecting the irrigation district, including the right of said district to condemn lands and to acquire, own and hold property within said improvement district.