Little Willow Irrigation District v. Haynes

• Decision Date: 26 June 1913
• Citation: 24 Idaho 317,133 P. 905
• Parties: LITTLE WILLOW IRRIGATION DISTRICT, Respondent, v. R. E. HAYNES, Appellant
• Court: Idaho Supreme Court

133 P. 905

24 Idaho 317

LITTLE WILLOW IRRIGATION DISTRICT, Respondent, v. R. E. HAYNES, Appellant

Supreme Court of Idaho

June 26, 1913

CONFIRMATION OF BOND ISSUE-NOTICE OF CONFIRMATION-SUFFICIENCY OF NOTICE.

1. Under the provisions of secs. 2401 and 2402, Rev. Codes, a notice of hearing on petition for the approval and confirmation of a bond issue of an irrigation district need not describe the lands within the district, but it is sufficient where it recites that "Notice is hereby given that the petition of the board of directors of the Little Willow Irrigation District has been filed, praying that the proceedings for the issuing of bonds of the district be examined, approved and confirmed," and the notice states the time and place for the hearing, and states that "The prayer of said petition is that each and all of the proceedings taken for the authorization of the bonds of said district may be examined, approved and confirmed by this court."

2. When an irrigation district is duly and regularly organized under the laws of this state and becomes a quasi-municipal or public corporation, from that time henceforward all persons owning lands within the district and subject to the jurisdiction thereof have notice that such lands are within the jurisdiction and taxing power of the district, and a notice for the confirmation of the bonds of the district is notice to every property owner within the district that all property therein is affected thereby, and the naming of the district by its corporate name is sufficient description and notice that all the property in the district will be affected by the proceeding.

APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge.

Action for confirmation of bond issues of an irrigation district. Judgment for plaintiff. Defendant, a property owner appealed. Affirmed.

Judgment affirmed. Costs awarded in favor of respondent.

R. E Haynes, pro se, as Appellant, cites no authorities.

Thompson & Buckner, for Respondent.

An irrigation district organized under the irrigation laws of this state is a public corporation. (Hertle v. Hall, 9 Idaho 193, 72 P. 953; Pioneer Irr. Dist. v Walker, 20 Idaho 605, 119 P. 304.) As such public corporation, the name given to such an irrigation district by the board of county commissioners and the designation of the lands which are embraced in said district and the recording of a certified copy of said order, that notice that a petition has been filed affecting said district, naming it, is sufficient notice to give the land owners of said district that their lands are affected by the filing of a petition.

The one point raised by the appellant in this case is decided by the supreme court of California in the case of Fogg v. Perris Irr. Dist., 154 Cal. 209, 97 P. 316.

W. C. Bicknell, of Counsel.

AILSHIE, C. J. Sullivan and Stewart, JJ., concur.

OPINION

AILSHIE, C. J.

This is an appeal from an order of the district court, approving and confirming the proceedings of the Little Willow Irrigation District, for the issuance of the bonds of the district in the amount of $ 165,000. The proceeding was had under secs. 2401 and 2402, Rev. Codes.

Only one question is presented on this appeal. It is urged by appellant that the notice of the hearing given by the clerk under the order of the court did not sufficiently describe the lands within the Little Willow Irrigation District. The essential part of the notice given is as follows:

"Notice is hereby given that the petition of the Board of Directors of the Little Willow Irrigation District has been filed, praying that the proceedings for the issuing of bonds of the district be examined, approved and confirmed in the above-entitled court, and that the hearing of said petition has been set for the 10th day of May, 1913, at nine o'clock A. M., of said day, in the court room of this court, at the Court House in Caldwell, Canyon county, State of Idaho.

"The prayer of said petition is that each and all of the proceedings taken for the authorization of the bonds of said district may be examined, approved and confirmed by this court.

"Any person interested in the subject matter of the petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition."

It will be observed that this notice stated that the...