Legal Opinion
People v. Van Gorden
California Court of Appeal
Decided April 24, 1964No. Civ. 27395PublishedCited by 17 opinions
1Opinion of the CourtHerndon, Acting P. J.
The plaintiff State of Califor nia appeals from the judgment of dismissal entered against it in its action seeking to condemn certain parcels of land for state park purposes. The trial court, sitting without a jury in the trial of the preliminary legal issues relating to public use and necessity, found that the condemnation was for a “public use,” but that there was no public necessity for the acquisition of the land described in the complaint.
‘' Generally, statutory requirements of necessity as a condition of the exercise of the power of eminent domain are liberally construed by the courts…
2Cases cited7 opinions
- Ehrenreich v. SheltonCalifornia Court of Appeal · 1963
- Hannah v. CantyCalifornia Supreme Court · 1917
- Nisbet v. RhinehartCalifornia Supreme Court · 1935
- Monterey County Flood Control & Water Conservation District v. HughesCalifornia Court of Appeal · 1962
- City of Hawthorne v. PeeblesCalifornia Court of Appeal · 1959
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. ManningCalifornia Court of Appeal · 1973
- BP Alaska Exploration, Inc. v. Superior CourtCalifornia Court of Appeal · 1988
- People v. LangCalifornia Supreme Court · 1974
- Meyer v. Glenmoor Homes, Inc.California Court of Appeal · 1966
- Mission Viejo Emergency Medical Associates v. Beta Healthcare GroupCalifornia Court of Appeal · 2011
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