Butte County v. Boydstun

Citations

• 2 Cal. Unrep. 151

Syllabus

<p>Eminent Domain—Proceedings by County for Highway.—Provided it shows it has fully complied with the requirements of the statute under which private property may be taken for public uses, a county may institute proceedings to condemn land for purposes of a highway.</p> <p>Eminent Domain—Elements of Damages—Benefits.—Private property cannot be taken from its owner even for a public use unless he is given just compensation; and this consists of the whole value of the land taken and the damage resulting to the rest of the land, injuriously affected by the taking, less the amount of benefits accruing to the owner by reason of the improvement.</p> <p>Eminent Domain—Damages—Cost of Fencing.—In assessing damage to land, not taken but off which land is taken, in condemnation proceedings for a highway, one of the matters to be considered is increased necessary outlay for building fences; and it is error to exclude evidence bearing upon that consideration.</p>