Show lAW lAWIS IS tD INV AUD Idaho Statute Relating to District Formation Is Killed BOISE Ida March 10 AP- AP Idaho drainage district laws lequir ing payment of preliminary expenses expenses ex- ex for forming drainage dIstricts districts dIs- dIs are held unconstitutional by bythe bythe the state supreme court In ri an opinIon lon Ion handed down yesterday esterday In fn the case of V. T. T Booth against Ada count county drainage distri district t No 3 Invalidation Invalidation In- In validation or of the entire law is not caused by the decision Boise attorneys ne s 's say in that only one statute relating to initial steps in the formation formation for for- mation of draInage districts is held in contravention of constitutional prohibitions agaInst the taking of property without due process o of law This decision is thus believed to tobe tobe be not as as th tho r federal court decisions whIch InvalIdated the Idaho highway district law and required 12 special legislative acts to validate of bonds issued issued is- is sued under the hIghway district law declared The opInion reverses jes the me ment or of the tho Ada county distrIct court which awarded judgment to the drainage district in the action by Boo Booth h to enjoIn collection of assessment assessment as- as on drainage dIstrict lands Under our draina o act the I Court says there i is no opportunity r I afforded for a landowner to protest protest pro pro- test test- at the hearing upon the organization organization of the di district against the inclusion in- in or of his lands within the district district dis- dis or that his lands are not benefited bene- bene thereby or to contest the ot of benefits in any way in opposition to this levy The opinion further declares section which relates to payment of pr preliminary organization costs would require a landowner to pay assessments even though his land was not benefited and his land ultimately excluded from rom the finally organized dIstrict I |