Consolidated Channel Co. v. Central Pacific Railroad

Citations

• 51 Cal. 269

Syllabus

<p>Taking Pbivate Pjropbbty fob a Public Use.—The Legislature cannot, in the exercise of the power of eminent domain, take private property for a purely private industry, such as to enable a person to build a flume on the land of another to carry off the tailings from his mine, or to enable him to deposit the tailings on such land.</p> <p>Legislative Declabation as to Public Use.—Although, as a general rule, a legislative declaration that a certain business is a public use, for which the right of eminent domain may be exercised, is not open to review by the courts, yet, when it appears plain that property is sought to be taken for a purely private use, courts are not bound by the declaration.</p>