City of San Francisco v. Collins

Citations

• 98 Cal. 259
• 33 P. 56
• 1893 Cal. LEXIS 902

Syllabus

<p>Eminent Domain—Costs of Condemnation.—In condemnation proceedings the party seeking the condemnation should be required to pay not only his own costs, but also all proper costs of the owner of the land incurred in good faith.</p> <p>Id.—Constitutional Law—“Just Compensation”—Limitation of Discretion as to Costs. — The discretionary power conferred upon the court in condemnation proceedings by section 1255 of the Code of Civil Procedure, which provides that in proceedings to condemn land “ costs may be allowed or not, and if allowed may be apportioned between the parties on the same or adverse sides, in the discretion of the court,” is limited by section 14 of article I. of the constitution, which provides that “private property shall not be taken or damaged for public use without just compensation having been first made.” The court lias only the power to determine what are proper and improper items of costs in such proceedings, but to disallow such as are improper, as in other cases.</p> <p>Id.—Bill of Costs—Necessary Disbursement—Evidence—Appeal—Reversal of Order Apportioning Costs. — A verified hill of costs, properly filed, is prima, facie evidence that the items thereof have been necessarily incurred ; and where it appears upon an appeal by an owner of land from an order apportioning the costs, in a condemnation proceeding between the parties to the action, that such owner had in due time filed a verified bill of costs, and that no objection lias been made on the ground that they were not proper costs necessarily incurred, the prima facie evidence must be taken as conclusive, and the order will be reversed and the trial court directed to award the owner such costs.</p>