8 BULLETIN 1207. V. s. DKPAIITMKXT OF AGRICULTURE. 
It is also the province of the legislature to make sure that the 
rights of all parties are protected and that nothing is done without 
due process of law. These objects are accomplished by insuring that 
all interested parties are properly cited into court, by providing 
for hearings, judicial determination, and appeals to higher tri- 
bunals. Since the assessment of benefits is a matter which requires 
judicial determination, it is very necessary that proper notices, hear- 
ings, and opportunity for appeals be had in regard to this feature of 
the proceedings. 
DRAINAGE ASSESSMENT LAWS. 
All States interested in drainage improvement have passed general 
laws which, embodying the principles heretofore given, have been 
declared constitutional. Some statutes declare that the drainage of 
swamp or overflowed lands is a benefit to the public while others 
leave the determination of the public interest to the local authori- 
ties. The determination as to whether the assessed land- will be 
specially benefited is left to drainage commissions or to county 
hoards of supervisors or to the courts. 
All drainage laws authorize some political body, usually a drain- 
age district, to cany out the law, but sometimes township or county 
authorities are designated for this purpose. Upon this body is con- 
ferred all of the power necessary to determine the boundaries of the 
district, to condemn rights of way, to levy and collect assessments, to 
construct and pay for the improvement, and to administer all of 
the business of the district. 
Since it is the duty of the legislature to determine the method of 
apportioning the assessments, we find in each of the State drainage 
laws a statement as to the manner in which the costs shall be dis- 
tributed. The majority of these laws specify that the assessments 
shall be apportioned according to the benefits, a method which not 
only seems more equitable than any other, but is in accord with the 
fundamental principle of special assessments. 
The final requisite of a general drainage law is that it shall pro- 
tect the rights of all parties and prevent anything being done with- 
out due process of law. Hence in all such laws are clauses providing 
that reasonable notice shall be given to all interested parties, that 
propel- hearings shall be held on all questions involved, and that 
appeals may be made to higher courts when anyone feels aggrieved. 
The details of these provisions vary with the laws governing civil 
procedure in the several States, but their general purpose is to safe- 
guard the rights of individuals. 
KINDS OF PROPERTY LIABLE FOR ASSESSMENT. 
Since an assessment for drainage purposes is not a tax, the exemp- 
tions from general taxation granted by constitutions and legislative 
enactments to certain classes of property do not apply to assessments. 
The general drainage laws usually specify some of the kinds of 
property which shall be assessed and may also provide exemptions 
for certain properties. Special benefits are a necessary basis for 
all assessments, and where the legislature exempts some properties 
such action is considered a legislative declaration that such prop- 
erties will receive no benefits. 
