Islais Creek Reclamation District v. All Persons

The Islais Creek Reclamation District, situate wholly within the city and county of San Francisco, was created by the legislature by statute, without reference or notice to the inhabitants of the district (Stats. 1925, p. 87). Under the authority of the statute creating it the district commenced a proceeding in the superior court to determine the legality of its existence. The defaults of the state of California and of all persons other than the defendants Simpson were entered, and the cause was submitted on an agreed statement of facts. The lower court adjudged the plaintiff to be a legal reclamation district, duly created and organized, and having the statutory powers and authority conferred upon it. The defendants Simpson have appealed, contending that the act creating the district, by imposing a tax upon their lands, violates the provisions of the state and federal constitutions and amounts to a taking of property without due process of law.

The appellants who are owners of real property within the boundaries of the district, concede, as they must, that the creation of a reclamation district is an exercise of the police power of the state, and that the legislature, which has…