Colton v. Rossi

Citations

• 9 Cal. 595

Syllabus

<p>A municipal corporation can not take private property for public uro, without making compensation in advance or providing a fund out of which compensation shall ho made as soon as the amount, to be paid can bo determined.</p> <p>And if failure be made in paying or providing such compensation, the party may retake possession of his property.</p> <p>A town whoso act of incorporation has been decided to be unconstitutional by the Supreme Court, has no legal existence as a corporation, and a judgment against it would he a mere nullity.</p>