In re Grove Street
California Supreme Court
Appeal by contestants from the judgment of the County Court of the County of Alameda. Redman, J. Proceeding for the condemnation of land for opening and extension of a street in the City of Oakland.
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Appeal by contestants from the judgment of the County Court of the County of Alameda. Redman, J. Proceeding for the condemnation of land for opening and extension of a street in the City of Oakland. The City Council, under an Act of the Legislature entitled “An Act to provide for the opening of streets in the City of Oakland,” approved March 28, 1878, filed in the County .Court of the County of Alameda on the thirteenth day of January, 1879, a petition praying the appointment of three Commissioners to assess the compensation to be paid to the several owners of the land sought to be condemned…
1Opinion of the Court
McKinstry, J.:
The proceedings to be examined purport to have been taken under the Act of March 28,1878, “to provide for the opening of streets in the city of Oakland.” (Statutes 1878, p. 614.) The second and third sections of the Act provide that such proceedings shall be commenced by petition of five or more • residents and freeholders within said city, addressed to the City Council; the petition to contain, amongst other statements, “ a statement that, in the opinion of the petitioners, the public interests require that the improvement asked for (describing it generally) should be made.”
The…
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