City San Franciso v. Kiernan

Citations

• 98 Cal. 614
• 33 P. 720
• 1893 Cal. LEXIS 964

Syllabus

<p>Chaster of San Francisco—Authority of Supervisors to Widen Streets— Act of 1863. — The act of April 25, 1863, authorizing the board of supervisors of the city and county of San Francisco to widen streets and to provide compensation therefor, is still in force, and unrepealed.</p> <p>Id.—Acquisition of Land. — Though the act of 1863 did not provide for the acquisition of land by condemnation proceedings, or otherwise than by agreement for compensation with the owners, it was not impliedly repealed by the act of 1861 authorizing dondemnation proceedings, which expressly continued the act of 1863 in force.</p> <p>Id.—Amendment of Consolidation Act—Effect of Polittoal ©on®.—The act of 1863 must be regarded as amendatory of the Consolidation Act, and consequently not repealed by any provision of the Political Code, section 4372 of which expressly continued in force all acts consolidating cities and counties, and acts amendatory of or supplementing such acts.</p> <p>Id. — Constitutional Law—Act of 1863 not Unconstitutional.—The act of 1863 was not repealed by section 14 of article I. of the state constitution, nor was it repugnant to section 19 of article SI. of the constitution of 1879.</p> <p>Id. — Opening or Widening Streets not Authorized by Street Law of 1883. —The general Street Improvement Act of 1883 is only applied to improvement upon existing streets, and does not authorize the city authorities to open or widen any street, nor to acquire land for that purpose; and that law is not inconsistent with the act of 1863 authorizing the supervisors of San Francisco to widen streets.</p> <p>Id. — Condemnation of Land for Widening Street. — Where the city of San Francisco, by proper proceedings, had under the act of April 25,1863, determined to widen a street therein, it was competent for it to acquire by condemnation the land necessary therefor in the manner prescribed in the Code of Civil Procedure.</p> <p>Id.—Continuance of Proceedings under Act of 1889.—Proceedings