Contra Costa Coal Mines Railroad v. Moss

Citations

• 23 Cal. 323

Syllabus

<p>The petition asking the Court to condemn land for railroad purposes under the Railroad Law of this State, in order to give the Court jurisdiction, should aver that petitioners have endeavored to contract for the land, sought to be acquired for the use of the railroad, and that they cannot contract for the purchase thereof.</p> <p>The Court has full power to grant leave to amend such petition, whenever it shall be of opinion that justice may require it.</p> <p>The question whether that clause of the Constitution prohibiting private property from being taken for public use without a just compensation, authorizes the Legislature to confer upon railroad companies the power of taking land from the owners upon the payment of a just compensation, has been fully put at rest, and the right and power firmly established by numerous decisions.</p> <p>The question of the public character of railroads, and their necessity for public use, is one that partakes more of a political than a judicial character, and rests much, if not entirely, in the sound discretion of the Legislature; and when the political department of the Government has recognized the public character and necessity for public use of any particular proposed railroad, Courts will rarely, if ever, in a proceeding to condemn lands, investigate and determine this preliminary question.</p> <p>Under the general Railroad Law, all railroads are compelled to act as common carriers for the conveyance of all passengers and property that may come to their road for that purpose.</p> <p>The Courts are not authorized to condemn lands for railroad purposes, unless it is shown by evidence that the petitioners have endeavored to contract for the purchase of the same, but have been unable to do so.</p> <p>The general Railroad Law has not given to any company organized under it, the right to condemn or use any lands owned or previously located and appropriated for railroad purposes by another railroad company, except where it may be