The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-11-07
STATE ATTORNEY
FILES OPINION
OVER YAKIMA AND BENTON DISPUTE
Says Benton Entitled to Its Proper
ton of Property, Which
Includes Taxes.

The attorney general has written
the following opinion to the prose
cutting attorney of Yakima and Bef
ton counties concerning the differ
ence of the two counties arising over
the creation of Benton county:
You have submitted to the attor-
ney general the adjustment of the
right and liabilities of Yakima and
Benton counties arising from the ere
alton of Benton county. a portion of
which was formerly within the ter
ritory of Yakima county.
The constitution of the state, arti
Gle =. section ,. provides that every
county which shall be enlarged shall
be liable for a just proportion of
the existing debts and liabilities of
the county or counties from which
such territory shall be taken. Pro-
vided. that in such accounting
neither county shall be charged
with any debt or liability then exist
ing. incurred in the purchase of any
county property, or in the purchas /,
or construction of any county build
ing then in use or under construction
tanned by the other county.
In the act creating the county of
Benton. Laws 1905, chapter 80. ii
provides in Section G as follows:
"The county of Benton shall as
sumo and pay to the counties of
Yakima and Klickitat respectively,
its proportion of the bonded and
warrant Indebtedness of each of said
counties respectively. in the proper
ton that assessed valuation of that
part of Benton county lying within
the present boundaries of Yakima
and Klickitat counties respectively.
bears TO the assessed valuation of the
whole of Yakima and Klckitat
counties respectively. The adjust
ment of said Indebtedness shall be
based uDon the assessment for the
year 1904; provided. that in the &C
counting between the said counties
neither county shall be charged with
any debt or liability incurred in the
purchase of any county property or
the purchase of anv county build
ing which shall fall within and be
retained by the other county"
Under the general law. Ballingers
Code. section 269. whenever a new
county shall be organized it shall be
liable for reasonable proportion of
he debts of the county from which
4 was taken. and also entitled to its
proportion of the property of the
county.
Section PA of Ballinger's Code,
provides that when a county is di-
vded or the boundary is altered, all
taxes levied before the division was
made or boundaries changed must
he collected by the officers of. and
belong to. the county in which the
territory was situated before the di-
vision or change
As a general proposition Of law
upon the creation of a new county
the parent county retains all prop
erty and rights generally and re-
mains subject to all its obligations
and duties in the absence of any
restrictive constitutional or statutory
provision on the subject; that is, the
new county does not have, as a
matter of right, any claim upon the
property, nor is it subject independ-
restrictive constitutional or statutory
provision, to the payment of any OBJ
legations incurred by the parent
county, and the rights between the
parent and new counties are de-
termined entirely by the legislation
under which the new county is ere
ated and any general law bearing
upon the subject.
IF the legislature omit to make
any provision as to the property and
the debts of the old county. the