The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1912-06-20
CORNER LOTS ARE HIT
HARD
Must Pay Cost of Street and
Alley Intersections in
Building Sewer

People who own ocrrer 70 in
the proposed sewer district are
strenuously objectirg to the pro-
visions Of the law, which, accord
ing to City Attorney Reed. pIa es
upon them the expense Of building
the sewer across streets. The
last session CT the legislature a
mended the previous Law, which
assessed all property in sewer
districts for the street and alley
intersections, so as to place the
burden upon corner lots. The a
mendment to the Cd law reads:
The cost and expense of the
portion of such sewerage improve
mqnts made in the space formed
by the junction or intersection of
streets and avenues and in the
spaces opposite alleys in any dis
trict ordered to be improved by
any sewerage improvement, shall
be borne by and apportioned a
mong the owners OF said property
abutting upon. contiguous or con-
tributory to said intersection and
included in the improved district,
and the assessment roll shall con-
tain the assessment of such costs
and EXPENSES again ST such pro-
perty"
Mr. Reed says: "'It will be OBJ
served at once that the language
Of the law, as amended. IS manda-
tory in its terms, and that city
councils have 10 discretion as TO
the mode of making assessments
tcr sewerage improvements con-
structed in street ard alley inter-
sectors If the law GIItfls TO
cast an unfair burden upon certain
property owners, the blame rests
upon the Legislature; ard, if such
a law is unconstitutional by reason
of its requiring assessments dis
proportionate TO benefits conferred,
that is question for the courts.
City ccunci's can but fclloys the
statute as enacted They are obIig-
ed to assume that it is coEs,i,u-
ttonal until the oouIts have other
wise decided.
All questions Of assessing pro-
perty in portion to bene it's pre-
-aDr difficrI-ies Sc1,o -ro,,,- - :.
benefited more than other property,
and the sewer committee hereafter
to be sFrointed Will have to pass
upon the question of apportioning
levied upon rortiors OF
the district occupied by bus ness
blocks and that occupied merely by ,
Whether a flat. hor- :
zontal rate, CT a sldirg sosle is 4,
adopted will depend upon the ques- /;
ion whether equal or unequal bene. !,
its are conferred by the sewerage :
proposed.
Benefits conferred are measured !,
" the availability OF the sewer for :
Ise by the property owner. and :
lot by his intention to use or net :
o use the sewer All property .
5 included within the proposed dis :
riet that may be directly bene it, =
d by the proposed works either .
or sewerage or drainage In the
ature of the case, ii was nee -es-
airy tc include some lots that
o not directly abut upon propcs-
d lines of sewer pipes. but for
-hich the sewer IS available for
use; and all such in
IU6,E lots lie within less than
ne-half block. 5 distance from pro
csed lires Of pire. Where. for
lstance, one end of lot abuts
pom an alley or street. through
hich the sewer pipe will extend.
nd the other end of the lot is
Sned by separate owner, the
tier portion of the lot is included
ithin the boundaries of the pro-
,sed district This is the case
it'll seleIil lets in Block 19 of
e Original Townsite.
The Sewerage Improvements Dis
let must include ali real estate
lich can be conveniently drained
severed by the proposed system, :,
d which will be bene tied thereby, -
| real estate included must be
sessed whith fronts On any high
", street, or alley within the -
strict. whether or not such real -. ~
ate lies contiguous to lines of
,e. The only questions are: Is
III property included within the :.
strict? and, Is it icoated so as
be benefited by the proposed ~
'tem?r