Butte County v. Boydston
California Supreme Court
Appeal from a judgment of the Superior Court of Butte County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcKee, J.
The case in hand arises out of a proceeding under title 7, part 3, of the Code of Civil Procedure, to condemn part of a tract of lam] belonging to the defendant for a private way. Assuming that the appropriation of private property for such a purpose is a taking for public use, for which the power of eminent domain may be exercised (Sherman v. Buieh, 32 Cal. 255), and that the county in which such a road is to be opened represents the use, yet the power must be exercised in the manner provided by the Code of Civil Procedure, under which the proceeding has been commenced. By section 1248 of…
2Cases cited2 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Sherman v. BuickCalifornia Supreme Court · 1867
3Cited by16 opinions
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Monterey County v. CushingCalifornia Supreme Court · 1890
- San José & Almaden Railroad v. MayneCalifornia Supreme Court · 1890
- California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1885
- Lewis v. City of SeattleWashington Supreme Court · 1893
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