McCann v. Sierra County
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The plaintiff filed his complaint in the Court below, in the nature of a declaration in trespass vi et armis, and also asking the equitable interposition of the Court by injunction, to restrain further acts of waste and trespass, threatened by the defendants.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The plaintiff filed his complaint in the Court below, in the nature of a declaration in trespass vi et armis, and also asking the equitable interposition of the Court by injunction, to restrain further acts of waste and trespass, threatened by the defendants. The facts of the case are, that the board of supervisors of Sierra had, by resolution, extended a street, or thoroughfare, through the land of the plaintiff, without providing any compensation for the private injury consequent thereon, and were in the…
1Opinion of the CourtMurray, C. J.
The Constitution of California provides, “that private property shall not be taken for public use, unless just compensation be made therefor.” A similar provision is to be found in the Constitution of every State in the Union ; and the result of the decisions on this subject may be briefly stated thus: That compensation must be made in advance, or a fund must be provided out of which compensation shall be made, so soon as the amount can be determined. The property of the citizen cannot bo taken from him without ample means of remuneration are provided. From this it results, that the act of…
2Cases cited1 opinion
- Ellissen v. HalleckCalifornia Supreme Court · 1856
3Cited by30 opinions
- State v. Superior CourtCalifornia Supreme Court · 2004
- Minsky v. City of Los AngelesCalifornia Supreme Court · 1974
- Powers Farms, Inc. v. Consolidated Irrigation DistrictCalifornia Supreme Court · 1941
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Birch v. County of OrangeCalifornia Supreme Court · 1921
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