California Acad. of Scis. v. City of San Francisco

Citations

• 107 Cal. 334
• 40 P. 426
• 1895 Cal. LEXIS 755

Syllabus

<p>Pueblo Lands of San Francisco—Trust—Reservation—Order No. 800—Power of Supervisors—Designation of Lands for Public Use.—The pueblo lands of San Francisco are held in trust for the use and benefit of the inhabitants of the city, except such parcels thereof as were reserved and set apart by ordinance for public uses; and order No. 800, which was validated by the legislature, conferred upon the supervisors power to set apart and to delineate upon the official map lots or portions of land for public uses only, and the act of the legislature in validating that ordinance was only a letter of authority to the supervisors to make a selection and designation of lots for public uses according to its terms, and is not to be construed as a ratification of any act already performed by them, but any lots or portions of land selected and designated by them for a public purpose are limited to and can be claimed or kept only for such public purpose, and any selection or designation upon the map by the supervisors for any other purpose is an act without authority, and can confer no right to the land so designated.</p> <p>Id.—Invalid Grant to Academy of Sciences—Private Corporation. The board of supervisors of the city and county of San Francisco had no power under order No. 800, as ratified by the legislature, to set apart any lots or portion of land designated for the use of the Academy of Sciences, which is a private corporation, with limited membership, and can in no respect be regarded as invested with the care of the public, or subject to public control; and the fact that the public derives a benefit from its labors and its contributions to science does not render such organization a public body or its object a public purpose.</p>