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ings is analogous to that given to the commissioners by this section, and any correction of the list does not substitute a new
cause of action. - Reclamation District V. Diepenbrock, 168 Cal. 577, 143 Pac. 763.
8 3462. LIST, HOW AND WHERE FILED. Said lists, when completed, shall be filed with the clerk of the board of supervisors of the county. The board of supervisors shall appoint a time when it will meet for the purpose of hearing objections to said assessment, and notice of such hearing shall be given by publication for two weeks in some newspaper of general circulation published in said county.
(Objections to assessment.] At any time before the date of such hearing, any person interested in any land upon which any charge has been assessed may file written objections to such assessment, stating the grounds of such objections, which said statement shall be verified by the affidavit of such person, or some other person who is familiar with the facts. At said hearing the board of supervisors shall hear such evidence as may be offered in support of said written objection and may modify or amend the said assessment in any particular, or make a reapportionment of the entire assessment. If the amount of any assessment in said list shall be changed, the board of supervisors shall set a day for hearing objections to said assessment as changed, and shall give notice thereof by publication for two weeks in some newspaper published in the county. At such hearing objections in writing may be made by any person interested, and the board of supervisors shall proceed to hear the same in the same manner as upon the original hearing. If the amount of any assessment shall again be changed the board of supervisors shall proceed as before to give notice and to hear objections thereto, and shall proceed in a similar manner until the amount of each assessment shall be finally fixed and approved. The board of supervisors shall then make an order approving said assessment, and shall indorse such order upon said assessment list, which said indorsement shall be signed by the chairman of said board of supervisors and attested by the clerk thereof, and such decision of said board of 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. The lists shall then be filed with the county treasurer, or, if the district is situated in more than one county, then the original list must be filed in the county where the greater portion of the lands of said district is situated, and copies thereof certified by the treasurer must be filed with the treasurer of each of the other counties.
(Objection in writing.) No objection to such assessment shall be considered by the board of supervisors, or allowed in any other action or proceeding, unless such objection shall have been made in writing to the board of supervisors as above specified.
[Action in superior court.] Any person aggrieved by the decision of the board of supervisors may commence an action in the superior court of the county in which the greater part of said district is situated to have said assessment corrected, modified or annulled. Such action must be commenced within thirty days after said assessment list has been filed in the office of the county treasurer. If said action shall not be commenced within thirty days, no action or defense shall thereafter be maintained attacking the legality of said assessment in any respect.
The provisions of this section shall apply in all respects to an assessment list made under the provisions of subdivision B of section three thousand four hundred fifty-six.
History: Enacted March 12, 1872; amended March 30, 1874, Code
LISTS AND OBJECTIONS TO ASSESSMENTS. plans of the engineer, upon which the assess1-3. As to generally.
ment was based, estimating as a part of the 4, 5. Construction-Validity of assessments.
work to be done the construction and in
stallation of a pumping plant together with 6. Enforcement-Action in superior court.
drainage canals leading thereto, it is not 7. -Questions determinable.
necessary that the cost of the right of way 8. Remedy of land owners.
for the proposed canals and pump should 1. As to generally -Under the report and be provided for in the report or plans.
having no warrant in law.-Finnan v. Reclamation District, 26 Cal. App. 714, 148 Pac. 227.
• v. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.
2. Where the plans consist of profiles and maps, and the maps show the lines and loca. tion of the canals to be constructed leading to the pumping plant, and the profiles show the bottom width of the canals, the contour of the land and the height of the surface above the bottom of the ditch, and the amount of excavation is specifically stated, the objection is without merit that the de. scription of the canals does not show the width at the top nor the slopes of the sides, so that the yardage could be computed there. from.-Meyer v. Reclamation District No. 17. 172 Cal. 104, 155 Pac, 635.
the statement that the pump was a twelve-inch pump to be run by electricity, with the necessary housing, transformers and attachments, is sufficient. — Meyer v. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.
4. Construction. — The purpose of the amendment of 1911 (Stats. 1911, p. 644) was commendable, and there is no valid legal objection to the provision in reference to the finality of proceedings before a board of supervisors, at least so far as the regularity and the question of the apportionment of the assessment are concerned. This can be said of defects in the original petition as well as of other irregularities.Finnan v. Reclamation District, 26 Cal. App. 714, 148 Pac. 227.
5. Validity of assessments.—This section can not be held to validate any assessment levied for purposes other than those specified in the code, and does not preclude an inquiry as to the same by an owner whose lands are about to be sold under proceedings
6. Enforcement-Action in superior court. -In an action brought pursuant to section 3462 of the Political Code, as amended in 1911, to modify or annul an assessment levied in behalf of a reclamation district, the decision of the trial court that the assessment to plaintiff's land was in proportion to benefits accruing from the works of reclamation, is conclusive on appeal, where the evidence is conflicting.-Meyer v. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.
7. Questions determinable.--In a proceeding under this section for the sole purpose of avoiding an assessment, a landowner within the district, who has paid his proportion of a previous assessment subsequently declared invalid by the courts, can not have determined whether he is entitled to credit on the later assessment for the to credit on the payment made under the i payment made under the invalid assessment, or whether he is entitled to a return of the money so paid.-Spurrier v. Reclamation District No. 17, 172 Cal. 157, 155 Pac. 840.
8. Remedy of land owners. Such land owners are not entitled to the actual return of the money in a special proceeding brought under section 3462 of the Political Code to annul the assessment, but their remedy is to first make demand of the treasurer of the county for its return, with the legal interest thereon, or be applied in payment pro tanto of the new assessment, and upon refusal, to test the claim by appropriate proceedings. -Spurrier v. Reclamation District No. 17, 172 Cal. 157, 155 Pac. 840.
8 3463. LIEN ACQUIRED BY FILING LIST. LIST PRIMA FACIE EVIDENCE. When the board of supervisors shall have finally taken action modifying or approving any assessment liens as provided in section three thousand four hundred fifty-five of this code, the charges assessed thereby upon tracts of land within the county shall constitute a lien thereon and shall impart notice thereof to all persons.
When the board of trustees of any reclamation district shall cause assessment lists to be prepared and filed with the clerk of the board of supervisors whereon they shall assess any sum necessary to be raised to the several tracts of land within the said district in the manner provided in the second paragraph of said section three, thousand four hundred fifty-five, the charges so assessed upon any said tract shall constitute a lien thereon and shall impart notice thereof to all persons.
No subsequent act or conduct of the trustees of the reclamation district shall invalidate any such assessment, after the same shall have become a lien in the manner herein provided, but such trustees may be compelled by mandate, or other proper proceeding, to perform their duties as required by law.
History: Enacted March 12, 1872; amended March 6, 1905, Stats. and Amdts. 1905, p. 55; April 5, 1911, Stats, and Amdts. 1911, p. 645; May 26, 1917, Stats. and Amdts. 1917, p. 1206. In effect July 27, 1917.
1. Who may maintain action. This sec- and when it is not alleged that the specition authorizing an action to modify orfications attacked will, by their uncertainty annul a reclamation district assessment per- of detail, cause any injury to the plaintiff mits it to be maintained only by "any per- or others, or in any manner injuriously son aggrieved by the decision of the board," affect the proceeding, or in any degree hinder or prevent the carrying out of the proposed reclamation or add to the cost thereof, such objections should be discour
aged.--Meyer y. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.
8 3465. PAYMENTS, HOW MADE. The lists must remain in the office of the county treasurer for thirty days; and during the time they so remain any person may pay the amount of the charge assessed against any tract of land to the county treasurer in gold coin of the United States or in warrants of the district drawn by order of the trustees thereof, and approved by the board of supervisors of the county.
History: Enacted March 12, 1872; amended April 3, 1876, Code
$ 3466. COLLECTION OF UNPAID ASSESSMENTS IN RECLAMATION DISTRICTS. At the end of thirty days unless bonds shall have been authorized the treasurer must return the list to the board of trustees of the district, and all unpaid assessments shall thereafter bear interest at the rate of seven per cent per annum. Thereafter all unpaid assessments and accrued interest shall be collected by and paid to the county treasurer, or the board of trustees may designate an agent to effect such collection who shall deposit said moneys with the county treasurer to the credit of the district. Whenever the board of trustees shall appoint an agent to collect assessments, they shall require that such agent give a bond in such an amount as they may consider sufficient for the faithful performance of his duties. All such pay. ments shall be made in separate installments, of such amounts, and at such times, respectively, as the said board, from time to time, in its discretion by order entered in its minutes may direct. Upon making such order the secretary shall also enter in the minutes of the board a notice in substantially the following form:
(Form of notice.] (Name of reclamation district, location or principal place of business.) Notice is hereby given that at a meeting of the board of trustees held on the (date), an installment of (amount) was ordered paid within sixty days from date thereof to ...... ......... at ....... ........ Any installment which shall remain unpaid on the (day fixed) will be delinquent together with the accrued interest thereon.
(Service of notice.] The notice must be personally served upon each owner of land in said district, or in lieu of personal service, must be sent through the mail addressed to such owner at his place of residence, if known or entered upon the assessment roll of the county, and if not known, at the place where the principal office of the district is situated, or be published once a week for two weeks successively in some newspaper of general circulation and devoted to the publication of general news, within the district, and if no such newspaper be published within the district then publication may be made in some newspaper published in the county seat of the county where the greater portion of said district is situated.
(Installment delinquent.] If any such installment shall remain unpaid at the expiration of said sixty days from the date of the order, then the whole remaining uncalled portion of said assessment shall become delinquent together with the accrued interest thereon and a penalty of ten per cent of the amount of said installment and interest shall be added thereto and collected for the use of the district.
[Sale of property.] Immediately after the said installment has become delinquent, the trustees of the district must publish in one notice a list of all of said delinquencies at least once a week for two weeks in some newspaper of general circulation published in the county where said district or the greater part thereof is situated, which notice shall contain a description of the property assessed, the name of the person to whom it is assessed, or a statement that it is assessed to unknown owners, if such is the fact; the amount then due on said property, and a notice that the property assessed will be sold on the date therein stated, in front of the courthouse of said county to pay the amount then due on said property. The date of said sale shall be not less than ten days after the date of the last publication of said notice. And at said time stated in said notice, or such other time to which said sale may have been postponed, the trustees must sell said property to the highest bidder for gold coin of the United States. Out of the proceeds of said sale the trustees must pay the amount due on said property as shown in said notice to the county treasurer who shall place the same in the proper funds of said district. The trustees must pay to the owner of said property any surplus remaining after such payment to the county treasurer. The trustees may postpone said sale from time to time for not less than ten nor more than thirty days at any one time by a written notice posted at the place of sale.
[Purchase by district.] If no bid is made for said property equal to the amount due thereon, the district shall become the purchaser, and the said property must be struck off to the district for said amount. A certificate of such sale shall be executed by the trustees to the purchaser, or to the district, if the property shall have been struck off to the district, and said certificate of sale shall be recorded in the office of the county recorder of said county.
[Redemption.] Any person interested in said property may redeem the same at any time within one year after the date of said sale, by paying to the county treasurer the amount for which said property was sold, and interest on the said sums at the rate of two per cent per month from the date of said sale.
If no redemption shall be made within said one year, the purchaser, or the district, if said property shall have been sold to the district, shall be entitled to a deed executed by said trustees, and the effect of such deed shall be to convey said property free of all liens and incumbrances, excepting state, county and municipal taxes, and any subsequent district assessment.
[Sale at public auction.] The trustees may sell said property at any time at public auction after notice given for the said period and in the same manner as is herein provided for sales for delinquent assessments, but not for a sum less than the amount for which said property was sold, together with any subsequent assessment and the deed executed in pursuance of such sale shall convey said property free of all incumbrances, except state, county and other municipal taxes. Assessments heretofore made in any reclamation district shall be validated and collected in the manner provided by law at the time such assessments were made.
History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 48; April 12, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 108; March 31, 1891, Stats, and Amdts. 1891, p. 288; March 6, 1905, Stats. and Amdts. 1905, p. 62; April 5, 1911, Stats. and Amdts. 1911, p. 645; June 12, 1915, Stats, and Amdts. 1915, p. 1525; May 26, 1917,
Stats, and Amdts. 1917, p. 1206. In effect July 27, 1917. ENFORCING PAYMENT-SALE AND DEED. the assessment is made; such assessments 1. Construction.
may be made upon the property because the 2. Character of assessment.
improvement to be made with the money 3. Power to collect assessment by ordinary
raised in that manner is presumed to benefit action.
the property assessed to an amount at least 4. Reclamation district, nature of.
equal to the charge against it.--Atchison, 5. Sale-What may be sold.
T. & S. F. Ry. Co. v. Reclamation District No. 1. Construction.—Under the provision of
404, 17.3 Cal. 91, 159 Pac. 430. this section that the assessment must be 3. Power to collect assessment by ordipaid in instalments in such amounts and at nary action. — A reclamation district has such times as the board of trustees in their neither the right nor the power to collect discretion may determine, with the only a delinquent assessment by an ordinary limitation upon such discretion that a debt action for the recovery of a personal judghas existed for two years, the board of trus- ment for money, as the law authorizing such tees have the authority to contract to make assessments does not provide that the disthe collection of the assessment at a par trict may collect the same by ordinary judgticular time, and where they fail to do so ment and execution against the person ownmandamus will lie to compel the collection. ing the land so assessed, and if it did so, ---Moreing v. Shields, 28 Cal. App. 513, 152 it would be unconstitutional.-Atchison, T. & Pac. 964.
S. F. Ry. Co. v. Reclamation District No. 404, 2. Character of assessment.-Assessments
173 Cal. 91, 159 Pac. 430. of a reclamation district do not have the 4. Reclamation district, nature of.--A reccharacter of a tax so as to be collectible lamation district is an agency of the state, by execution or levy upon the general prop- or local public corporation, for purposes erty of the owner of the land against which of local improvement, similar in that respect
to an irrigation district.-Atchison, T. &
3. Sale-What may be sold. The sale of a part of the right of way of a railroad for an assessment of a reclamation district can not be made.-Atchison, T. & S. F. Ry. Co. v. Reclamation District No. 404, 173 Cal. 91, 159 Pac. 430.
effect of the amendment was to repeal that portion of the section which had been omitted, and leave the rights of those owners who had paid an assessment later declared invalid unaffected by any express statutory provision as regards the obtaining of credit for such payments.-Spurrier V. Reclamation District No. 17, 172 Cal. 157, 155 Pac. 840.
2. Under the amendment of 1911 land owners of a reclamation district who had paid an assessment subsequently adjudicated invalid, were not entitled to credit for such payments upon any assessment thereafter levied, as was the case prior to such amendment, and such omission was not supplied until 1915.—Spurrier v. Reclamation District No. 17, 172 Cal. 157, 155 Pac. 840.
$ 346612 1. Construction — Amendment of 1911. — The amendment of 1911 to this section does not contemplate that a former assessment declared invalid by the courts and the present assessment for future work shall be treated as a single assessment. The legal
8 3467. WORK OF RECLAMATION TO BE DONE UNDER DIRECTION OF TRUSTEES [repealed).
History: Enacted March 12, 1872; repealed May 26, 1917, Stats, and
8 3468. ACCOUNTS TO BE KEPT OPEN TO INSPECTION [repealed].
History: Enacted March 12, 1872; repealed May 26, 1917, Stats, and
Amdts. 1917, p. 1208. In effect July 27, 1917. 8 3478.
already commenced," within the meaning of 1. Amendment of 1911, effect of.—Under such section, and the old law is applicable the amendment of 1911 to section 3478 of to such an assessment, and the superior the Political Code, which provides that "all court has jurisdiction to declare such an reclamation districts now legally existing assessment illegal.Finnan v. Reclamation in this state, which were created by or District No. 273, 26 Cal. App. 714, 148 Pac. formed under the provisions of any statute 227. of the state, shall henceforth be subject to 2. A judgment annulling such an assessthe provisions of the Political Code, relating ment should be upheld on the ground of to reclamation districts the same as though fraud, where the attorneys for the contestsuch districts had been formed by or created ing land owners are led to believe that under the provisions of said act relating an appeal would be taken from the judgto 'swamp and overflowed salt marsh and ment and no further proceedings be taken tide lands'; provided that this provision shall before the board of supervisors, and therenot affect any proceeding that shall have after without notice to them, the attorneys been already commenced for the levy or col- for the district change their purpose and lection of assessments in such district, when conclude to and do file lists with the board this act takes effect," where a petition for of supervisors under the amended law inthe assessment and the appointment of com stead of appealing from such judgment.missioners was filed before such amendment Finnan v. Reclamation District No. 273, 26 took effect, a proceeding for the levy and Cal. App. 714, 148 Pac. 227. collection of such assessment had "been
$ 3480. RECLAMATION DISTRICT MAY ISSUE BONDS. SPECIAL ELECTION. Whenever in any reclamation district in this state, now formed or which may hereafter be formed, any assessment has been levied and assessed upon the lands of said district, and remains unpaid in whole or in part, where in the judgment and opinion of the board of trustees of said district it would be for the best interest of said district or the landowners therein to issue bonds for the purpose of obtaining money to pay the costs of reclamation, the indebtedness of the district, or any other legal charge, or when a petition signed by the owners of more than one-half of the land in the district is filed with the secretary of the board, the board of trustees of such district shall by order entered upon the records of said board, order a special election to be held at some place in said district to be designated by said board of trustees, at which said special election shall be submitted to the owners of land in said district the question of whether or not bonds of said district shall be issued in