Sanborn v. Belden
California Supreme Court
The Santa Cruz Railroad Company commenced proceedings in the Twentieth District Court, County of Santa Cruz, to condemn certain lands of Sanborn and others for the use of its road. After summons had been served, the court made an order under section 1254 of the Code of Civil Procedure, authorizing the company to take possession of and use the land sought to be condemned until the final conclusion of the proceedings, upon giving bonds to pay damages.
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The Santa Cruz Railroad Company commenced proceedings in the Twentieth District Court, County of Santa Cruz, to condemn certain lands of Sanborn and others for the use of its road. After summons had been served, the court made an order under section 1254 of the Code of Civil Procedure, authorizing the company to take possession of and use the land sought to be condemned until the final conclusion of the proceedings, upon giving bonds to pay damages. The bonds were given and approved, and a writ of assistance issued out of the court to the sheriff, who, by virtue thereof, placed the railroad…
1Opinion of the Court
By the Court:
It is not necessary, in this case, to decide whether, under the Constitution of California, it is essential to the validity of a law for the exercise of eminent domain (when the property is taken directly by the State or by a municipal corporation by State authority), that it should provide for tender of pecuniary compensation before actual taking.
When property is taken by a private corporation, which, although for this purpose it is regarded as the agent of the State, appropriates it as well for the benefit and profit of the members of the corporation as for the public use, it…
2Cases cited1 opinion
- San Mateo Waterworks v. SharpsteinCalifornia Supreme Court · 1875
3Cited by15 opinions
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Jacobsen v. Superior CourtCalifornia Supreme Court · 1923
- Vallejo & Northern Railroad v. Reed Orchard Co.California Supreme Court · 1918
- Coburn v. GoodallCalifornia Supreme Court · 1887
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