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Reclamation districts are agencies of [52 Cal. Hensley v. Reclamation Dist. Dockweiler, 14 Cal. County of Sacramento, Cal. Gibson, 4 Cal. It has been held that the property acquired by a reclamation district, as an agency of the state, is state-owned property and therefore exempt from taxation.
In the case of Reclamation District No. County of Sacramento, supra, it was said in that regard, at page The property mentioned in section of the Political Code is public property, acquired by the agents of the state, for state purposes, and we think is exempt from taxation, as such.
In the preceding case from which we have last quoted, the county of Sacramento levied and collected county taxes, which were paid under protest, upon a pumping plant and an irrigation system which were constructed upon land owned by the district. Suit was brought by the reclamation district to recover the taxes paid under protest, and to declare the county assessment void. A demurrer to the complaint was overruled, and the defendant declined to answer.
Judgment was rendered accordingly. From that judgment the county appealed. This court held that the district was exempt from county taxes, and affirmed the judgment, saying:. That language is peculiarly pertinent to the present case in which the assessor of Yuba County levied county taxes upon real property belonging to the reclamation district. If the improvements upon reclamation land are exempt from county taxes, certainly the land belonging to the district would also be exempt under the same provisions of law.
It has been definitely determined by the Supreme Court that all land and property belonging to the United States, or to the State of California or any subdivision thereof, is absolutely [52 Cal. Anderson-Cottonwood Irrigation District v. Klukkert, 13 Cal. Ohrt, 31 Cal. County of Orange, 30 Cal. In the Klukkert case, supra, which is the latest decision of the Supreme Court on that subject, the facts are nearly identical with those of the present case.
In that case, lands within the district were sold to the district for delinquent assessments. Subsequent to that sale the county assessor of the county in which the land was situated levied an assessment against the land for county taxes. Suit was commenced by the district to prohibit the county from collecting the taxes, or for cancellation thereof, as an illegal assessment. The trial court decided that the county taxes imposed a valid lien against the land.
On appeal, that judgment was reversed. The Supreme Court held that the levy of county taxes was illegal and void under article XIII, section 1, of the Constitution, regardless of whether the land was held by the irrigation district in its governmental capacity or in a proprietary sense. Summing up its conclusions in the last paragraph of the opinion in that regard the court says:.
In the case of Conley v. Hawley, 2 Cal. Hornbeck, Cal. But the later Klukkert case specifically distinguishes that case from the La Mesa case in the following language:. Furthermore, in the La Mesa case, the court specifically left open the settlement of the question here presented, holding it unnecessary to re-examine the decisions in the cases entitled, citing several other cases and therein declared that none of those cases dealt with the question there under consideration.
Supplementing the annotations found in American Law Reports, at page , note, to the effect that "where the exemption of property owned by the state or subordinate municipal bodies is express and unqualified, it cannot be taxed, irrespective of the use to which it is put," the later annotation, which is found in American Law Reports, at page , reaffirms that declaration, and supports it by citing the Klukkert case, supra, decided by the California court in , together with several cases in other jurisdictions.
In the Ohrt case, supra, which was also decided in , this court, in determining what property, belonging to the state or an agency thereof, is exempt from taxation under article XIII, section 1, of the Constitution, distinguishes between "property used exclusively" for public schools and property "belonging to the United States, the State of California," or any subdivision or agency thereof, and gives the reason for that distinction in almost the exact language used in the Klukkert case.
In the Ohrt case, we conclude by saying:. The intention appears to have been clearly otherwise expressed. We therefore conclude that the lot which is involved in this proceeding was absolutely exempt from county taxes which were levied for the years , and , while that land was owned by the reclamation district, which is an agency of the State of California.
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The most frustrating part was how time consuming this all was. Finding emails for contacts turned into a one-and-done instead of a week long process. Looking up emails for a targeted outreach was manual and enormously time consuming. When I tried RocketReach and to find business information about key people in seconds in an easy and seamless process, I was hooked!
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|Keith skeoch ceo standard life investments edinburgh||We set read candlestick chart standard for finding emails Trusted by over 6. If you're not automatically redirected, please click here. When the option was exercised, and sutter court investments contract which is the subject of the action at bench came into being, improvements had been placed upon the property by the purchaser of the corner and its lessee. Ford Motor Co. The successor in interest, Sutter-Yuba Investment Company, which acquired title after those assessments were levied against the land, is therefore entitled to redeem the property from the previous valid assessment lien of the reclamation district, free and clear of the invalid county taxes forand|
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District Court. Third party checks are not accepted. Funds must be paid in U. The funds will be deposited into the registry fund of the Treasury unless governed by Fed. P67 , directing funds to be deposited into an interest bearing account. Funds deposited directly into the Treasury will be held by the court referencing the case number and title. No interest is earned or accrued when held in the Treasury. The funds are disbursed by order of the court. Edwin H. Chief Executive Officer. Get reports and updates from Cytonn Investments about trends in the market and industries.
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