Laguna Drainage District v. Martin Co.

This is a proceeding brought by the plaintiff, a drainage district corporation, organized under the Drainage Act of this state, to condemn a strip of land belonging to the defendant for the purpose of constructing a drainage ditch. A general demurrer to the amended complaint was sustained, and from a judgment entered thereon in behalf of the defendant plaintiff appeals.

A dual attack was made upon the complaint under the demurrer in the lower court, it being insisted, first, that the act of 1885 (Stats. 1885, p. 204), under which the plaintiff district was organized, was unconstitutional, and, secondly, that if constitutional, still the complaint failed to show that the condemnation of the defendant’s land was for any public use, hut, on the contrary, it appeared therefrom that such condemnation was Sought solely for private advantage and benefit, and it is urged here that the judgment should be sustained on either, or both, grounds.

As to the constitutionality of the act the point made is, that it does not provide for notice to be given of a hearing on the petition presented to the board of supervisors for the formation of a drainage district, nor does it provide for a notice…