United States Supreme Court Cases & Opinions

U.S. Supreme Court

Breiholz v. Board of Supervisors, 257 U.S. 118 (1921)

Breiholz v. Board of Supervisors

of Pocahontas County, Iowa

No. 23

Argued October 7, 1921

Decided November 7, 1921

257 U.S. 118

Syllabus

1. A state law under which a drainage district has been established, the ditches constructed, and the cost assessed upon the landowners in proportion to benefits, all after due notice and opportunity to be heard, does not violate their right to due process under the Fourteenth Amendment, in empowering a supervising board, without further notice, to determine the necessity and

Page 257 U. S. 119

extent of cleaning and repairs, and to assess the cost upon the lands in proportion to the original assessments. P. 257 U. S. 123.

2. So held of an Iowa law (Code Supp. 1913, § 1989-a21) which permits the board, for the purpose of "repair," to enlarge, reopen, deepen, widen, straighten, or lengthen ditches, but where the work done was within the scope of a cleaning, alteration, and repair of the ditch system, necessary to promote its usefulness, and no new taking of property as involved. P. 257 U. S. 124.

186 Ia. 1147 affirmed.

Error to a judgment of the Supreme Court of Iowa affirming a judgment of a lower court of the state adverse to the present plaintiffs in error in a suit attacking special drainage assessments.

Page 257 U. S. 120