Dalton v. Bd. of Water Comm'rs of Azusa Twp.
Synopsis
Proceedings to Acquire Eight of Way.—Proceedings, under a statute, to acquire a right of way for a water ditch are special proceedings, and the statute must be strictly pursued.
Idem.—If a statute provides for a Board of Water Commissioners for a township, and permits them, upon, a petition signed by a majority of persons liable to work on water ditches in the township, to institute proceedings to acquire the right of way for a new ditch, and the township is divided while such proceedings are pending, the -new township created cannot continue the proceedings in its name, unless.there is a provision in the Statute authorizing it.
By the Court: A petition signed by a “majority of the persons liable to work upon ditches in San José township,” was presented to the Water Commissioners of that township praying that a new water ditch be opened—a portion of which would pass through the lands of Dalton. Before the right of way over the lands of Dalton was acquired, Azusa township was created out of a portion of San José township. The Board of Water Commissioners of Azusa township filed a supplemental petition, for the purpose of continuing in its name, the proceedings which had been instituted by the Board of Water Commissioners of San José township, for the purpose of acquiring the right of way over the lands of Dalton. It [224]does not appear that a petition was presented to the Board of Water Commissioners of Azusa township, signed by a majority of persons liable to work on water ditches in that township.
The proceedings to acquire the right of way are special proceedings, and the statute must be strictly pursued. There is no provision in the statute authorizing a township, created as Azusa township was, to continue proceedings initiated by the Commissioners of the township out of which the new township was carved. Proceedings must be commenced by the new township, the first step being the presentation of a petition signed by the requisite number of persons in that township.
Order reversed and cause remanded, with directions to dismiss the proceedings.
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