City of Oakland v. Schenck

This is an appeal from a judgment in condemnation. The defendant railroad companies were the owners in fee of a strip of land in the City of Oakland 115.272 feet in width and approximately 757 feet in length. The northeasterly 55.272 feet of this strip is in use as a right of way for appellants’ electric suburban railroad, while the southwesterly 60 feet of the strip is not presently devoted to railroad uses. The city brought this action, under the Street Opening Act of 1903, to condemn a strip of land 60 feet wide across the lands of appellants and of defendant Schenek for the purpose of…