Imperial Valley press., 1927-09-07
DISTRICT UPHELD
BY DECISION IN
ODD LAND CASE
Taxes Against Property
Must Be Paid Before 1t
Can Be Re-POssessed.

An opinion upholding the Impo
rial Irrigation District 5 claim upon
some government owned property
has been returned by L. S. Attor.
ncY General Webb by Leon French.
deputy. The ease is that in which
Jack f.. kdhlOw sought to repossess
government land which had been
seized by the district when it took
tax title to the land.
Kahlow first obtained possession
of the land through the government,
acquiring title through homestead
ing. The district taxes against the
property, however, ran up to fig
ure which was regarded as in excess
of the value of the property. the
amount being close to $4,000. In
such eases the district has the right
to sell the property after acquiring
tax title at a figure regarded as the
actual value of the property.
Kahlow sought return of the
property through this means but his
bids on the land were refused by the
district. The property, situated on
the highway to Los Angeles. was re-
gardcd as worth much more than
was offered by Kahlow.
An effort was then made by Kah-
low to obtain the property through
the state. kahlow filed a reln
quishment of his title to the prop
crty, thereby returning it to the
status of vacant United States land
He then sought through script
measures to obtain possession of the
land.
The state has the right to ex
change state owned land for gov
ures attempted by Kahlow the gov
ernment owned land. BY the meas
ures attempted by Kahlow the gov
ernment would have become in pos
session of land owned bv Kahloy
and turned over 60 the state through
the purchase of script and Kahlow
would have been placed in posses
sion of the property he formerly
owned, but in this way he believed
that he would have freed it Of the
lien held bv the district through its
return to the state.
Land Subject to State
holds the opinion that "the public
lands of the United States within
an irrigation district. subject to en-
try and entered, were declared To- be
ubicctcd TO all of the laws of the
state in which such lands shall be
situated relating to the organization,
government and regulation of irri
CATION districts. -
1t is also provided that ''in any
ease where anv tract of entered
land lying within such approved ir
rigation district shall become vacant
by REIMBURSEMENT or cancellation
for any cause, any subsequent appli-
cant there for shall be required, in
addition to the qualifications and
requirements otherwise provided. to
furnish satisfactory proof of certif-
icate that he has paid all charges
then due to the district upon tn
lands and has also paid the amOun+
for which the land was sold at tav
sale. together with the interest and
penalty therein provided by law.
II am therefore of the opinion.
the attorney general concludes,
THAT the lien of the district as-
sessments in the ease of the kahlow
property will remain impressed up
on the land until such time as the
assessments, penalties and other
proper charges are dismissed. -
The opinion as handed down bv
the attorney general is believed of
particular interest here as it was
viewed as more or less OF test
ease. 1t was said at the, district
this morning that similar conditions
exist in several other instances.