Evans v. Board of Supervisors
Evans v. Board of Supervisors
Opinion of the Court
— I. The source of Farm Creek is in Pottawattamie County, and it flows through that county about three and one-half miles, entering Mills County and continuing about two miles, emptying into the Nishnabotna River, which courses along the west end of the district. The Nishnabotna River was improved, six or seven years ago, by construction of a new channel. The valley through which Farm Creek flows is from a mile to a mile and three quarters wide, the portion in Mills County being about a mile and three quarters wide. In this ease, we are concerned with the portion of the district in Mills County. Farm Creek was a very crooked stream, of uneven width and depth, and subject to overflow, at times of any considerable rainfall. In Mills County, it coursed across the northerly portion of the district. The improvement of Farm Creek consisted of the construction of a new channel of uniform width and depth. The old creek had a fall of about three and one-half feet to the mile, and the new channel has a fall of about seven feet to the mile. The improvement, respecting the lands in Mills County lying south of the creek, was more for the purpose of preventing overflow of the lands than to facilitate drainage into the ditch constructed. The general slope of the land in Mills County lying on the left or southerly side of the ditch is to the south and west. Appellee’s land lies in the extreme southwest corner of the district, and contains eight forties, being the north half of Section 21. The eight forties of appellee were classified by the commissioners, one of them at 60, three of them at 50, and four of them at 40. The forties lying north of appellee’s
II. The question before the district court was, and on this appeal is, whether or not the lands of Evans have been equitably classified and assessed, as compared with other lands in the district. The district court, among other things, said:
“In the opinion of the court, the assessment of the lands of the plaintiff [Evans] is assessed too high in proportion of the benefits and the assessments of other lands, and that such gross assessment of $6,744.34 should be reduced one third, or reduced to $4,496.23.”
It will serve no useful purpose to set forth the oral testimony. The greater portion of the evidence consists of records and maps. Before the improvement of Farm Creek by substituting a straight and uniform channel for the formerly very winding stream, the lands in the Farm Creek valley were frequently overflowed by water which escaped from the banks of Farm Creek at times of any considerable rainfall. We think the evidence shows that, at times of ordinary. overflow, the water did not reach so far southwest as the Evans land. At times of extremely heavy rainfall and consequent overflow of the banks of Farm Creek, overflow water reached as far south and west as the Evans land, but not in as large volume as on the lands lying north of it. There is testimony of some heavy floods, occurring in former years, in which nearly the entire valley was covered with water. Considerable testimony is devoted to the effects of a flood which occurred in the fall of 1921, which is claimed to
The commissioners and the board of supervisors, in classifying the lands of the district and fixing the assessments theréon, recognized the location, physical conditions, and elevations of the Evans land, as compared with other lands of the district, and made the classification of the Evans land lower than that of other lands in the immediate vicinity. The court recognized these same conditions, and found that the classification and assessment of the Evans land should be reduced. Absolutely correct classification and assessment can scarcely be arrived at. Only approximation may be attained. We think the evidence warranted the reduction made by the court. We find no reason to disturb the assessment made by the court. The decree of the court reducing the assessment made by the board to the extent of one third, — that is, reducing the total assessment made by the board of $6,744.34 to $4,496.23, — which, in effect, fixed the assessment on each forty at two thirds of the_ assessment made by the board, and changes the classification of each forty accordingly, is affirmed. — Affirmed.
Reference
- Full Case Name
- M. L. Evans v. Board of Supervisors of Mills County
- Status
- Published