In Re Bonds of S. San Joaquin Irrigation Dist.

HENSHAW, J.

This is a proceeding brought to determine the validity of bonds of the South San Joaquin Irrigation District, a proceeding authorized by the Irrigation Act of 1897. (Stats. 1897, p. 254.)

Upon this appeal it is urged:

1. That the law under which the district was created is unconstitutional and void. The contention herein is based on section 1 of the act,—namely, that “A majority in number of the holders of title or evidence of title of lands, . . . such holders of title or evidence of title representing a majority in value of said lands according to the equalized county assessment-roll or rolls for the year last preceding, may propose the organization of an irrigation district”; and, further, “said equalized assessment-roll or rolls shall be sufficient evidence of title for the purposes of this act.” Prom this language appellant argues that the apparent owners by the last equalized assessment-roll may not be the present owners of the land at the time of the formation of the district, with the result that persons who are not landowners may petition for the formation of such a district and subject the land of the true owners to the burdens of an assessment without those owners having a voice in the matter. But if this were all true, it would not render unconstitutional the section under consideration. The legislature having the unquestioned power to provide for the formation of such districts, might do so without giving the property-owners any voice in the matter at all and may, without question, do so, by authorizing the presentation of a petition signed by a majority of those who, upon the last equalized assessment-roll, appear as owners of the property.

(In re Madera Irrigation District,

92 Cal. 320, [27 Am. St. Rep. 106, 14 L. R. A. 755, 28 Pac. 272, 675];

People

v.

Sacramento Drainage District,

155 Cal. 373, [103 Pac. 207].) If between the time of the making of the last equalized asqsessment-roll

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and the time of the petition for the formation of the district any of these lands shall have changed hands, the new owners will be charged with knowledge that they purchase under conditions where those who appear to be owners by the assessment-roll could petition for the formation of the district. Such a burden upon the land would, in its nature, not be dissimilar to the lien of taxes which follows land in the hands of the new purchasers after the first Monday in March of each year. In the latter case the new purchaser may protect himself in the payment of his taxes by arrangement with the vendor: He may in the instance here before us likewise protect himself by a similar arrangement with the vendor,-—in brief, by the vendor’s agreement not to sign such a petition.