Meyer v. Reclamation District No. 17

This is an action authorized by section 3462 of the Political Code, as amended in 1911 (Stats. 1911, p. 644). The plaintiff seeks to modify or annul an assessment levied in behalf of the reclamation district by the board of supervisors of the county. That section provides that when the commissioners have completed their assessment, the same shall be filed with the clerk of the board of supervisors, who shall thereupon appoint a time for the hearing of objections thereto of which notice shall be given. At this hearing any person interested in any land assessed may file written objections to the assessment, stating the grounds of *Page 106 the objections. After hearing the objections, if the board approves the assessment, it shall make an order to that effect and indorse the same upon the assessment list, which shall then be filed with the county treasurer. The section provides that the decision of the supervisors "shall be final, and thereafter said assessment list shall be conclusive evidence that the said assessment has been made and levied according to law, except in an action commenced as hereinafter provided." It further provides that any person aggrieved by the decision of the supervisors may commence an action in the superior court of the county to have the decision corrected, modified, or annulled, that such action must be commenced within thirty days after the assessment list has been filed in the office of the county treasurer, and that if not commenced within that period, "no action or defense shall thereafter be maintained attacking the legality of the said assessment in any respect." There is also a provision that no objection to the assessment shall be allowed in any action unless it shall have been made in writing to the board of supervisors as prescribed by the section. The present action was begun within the thirty-day period prescribed; consequently, the objections presented in writing to the board of supervisors are open for consideration. None others are available except such as go to the jurisdiction and render the proceedings void. (Finnan v. Reclamation Dist.,26 Cal.App. 714, [148 P. 227, 152 P. 1197].) The court made findings against the contentions of the plaintiff and rendered judgment in favor of the defendant. A motion for new trial was denied. The plaintiff appeals both from the judgment and from an order denying a new trial.

The entire sum assessed was $131,727.04, of which $97,058.74 was for the purpose of paying outstanding warrants of the district for reclamation work already done.

The report and plans of the engineer, upon which the assessment was based, proposed, as a part of the work to be done, the construction and installation of a pumping plant designated as Pump No. 3, together with drainage canals leading thereto, the estimated cost of which was $8,040. One of the objections stated was that this pump and canals would be of no benefit to the lands of the plaintiff. Another was that the assessment to plaintiff's land was not in proportion to the benefits accruing from the works of reclamation. *Page 107 With respect to these objections it is sufficient to say that the evidence at the trial of this action was conflicting, and the decision of the court below is, therefore, conclusive on appeal. Another objection was that the cost of the right of way for the proposed canals and pump was not provided for in the report or plans. The district is not required to make such cost a part of the estimate of the expense of making the pumping plant and canals. It may be that the right of way will be given free of cost, or that the district has other funds with which to pay for the same. In any event, the omission of this item of possible cost does not make the assessment invalid. (Reclamation Dist. v. Hershey, 160 Cal. 692, [117 P. 904].)