Wilkinson v. Gaines
Wilkinson v. Gaines
Opinion of the Court
delivered tbe opinion of tbe court.
A petition in compliance with Code 1906, § 1684 having
Appellant claims that the proceedings by which the drainage district was formed are void for two^ reasons: First, because of the failure of the clerk to notify the nonresident landowners by registered mail within five days of the first publication of the notice required by section 1687. Under the provisions of section 1711 of the Code, the failure of the clerk to give this notice does not invalidate the subsequent proceedings. As appellant had full notice of all subsequent proceedings, and was thereby afforded an opportunity to question the validity thereof, and to object to the assessment of damages and benefits, all the requirements of “due process of law” were met, even if it should be held that notice by publication was insufficient for this purpose, as to which we express no opinion. Erickson v. Cass County, 11 N D. 494, 92 N. W. 841; McMillen v. Anderson, 95 U. S. 37, 24 L. Ed. 335; Davidson v. New Orleans,
It is next claimed that the action of the drainage commissioners in creating this district is void, for the reason that it embraces two watersheds. This objection cannot now be availed of, for the reason that section 1693 of the Code provides the only manner in which same can be made.
The decree of the court below is affirmed. .
Reference
- Full Case Name
- Robert Wilkinson v. Lee H. Gaines
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. DRAijstage Districts. Drains. 'Notice to nonresidents. Omission. Subsequent proceedings. Under Code 1906, § 1711, regulating drainage proceedings, failure-of the cleric to give notice of the organization of a drainage district to nonresident landowners by registered mail within five days of the first publication of the notice required by Code 1906, § 1687, touching the formation of districts, does not invalidate-subsequent proceedings. 2. Same. Constitutional law. Due process of law. Assessment. Notice. Where complainant had full notice of all proceedings subsequent to the publication of notice of the organization of the district, and was afforded full opportunity to question the validity thereof, and to object to the assessment, all the requirements of due process of law were met, even if the notice of publication was insufficient. 3. Same. Validity of proceedings. Objections. Code 1906, § 1693. An objection that a drainage district was invalid, because it embraced two watersheds, could not be made the basis of a bill to-enjoin the drainage commissioners from issuing bonds to complete the improvement, under Code 1906, § 1693, providing an exclusive statutory method for raising such objections.