Curran v. Shattuck.

Citations

• 24 Cal. 427

Syllabus

<p>Roads—Condemnation of Lands for.—A statute for the condemnation of the land owned by individuals for road purposes, which fails to provide a method of ascertaining the compensation to be paid to the owner, and the way and means of paying the same before the road is opened, is unconstitutional.</p> <p>Same—Statutory Construction.—The provisions of a statute which provides for taking the lands of private persons for road purposes must he strictly followed, and the Act must he strictly construed.</p> <p>Condemning Lands—Notice to Owner.—The proceedings for the condemnation of land for road purposes fall within the class denominated “special cases” in the Constitution, and in such proceedings the person whose land is to be taken against Ms will must have notice or the proceedings will be void.</p> <p>Same.—Notice to the owner when the proceedings are commenced is not notice to his vendee who purchases pending the proceedings.</p> <p>Same—Compensation—Wno Paid to.—When the compensation to be paid to the owner of the land has been ascertained, the amount thereof must be paid to the one who is the owner at the time, or his authorized agent.</p> <p>Opening Road—Injunction.—Where the statute under which proceedings for the condemnation of land for road purposes is taken is unconstitutional, or its provisions are not strictly pursued, or notice is not given to the owner of the land, or the compensation is not tendered to him, a perpetual injunction against opening the road will be granted.</p> <p>Effect of Injunction.—A perpetual injunction against opening a road under proceedings which have been taken does not prevent laying out a road at any future time over the same land whenever the proper steps are taken to acquire the right of way and the right has been secured.</p> <p>Lis Pendens.—The common law doctrine of lis pendens does not apply to the proceedings before a Board of Supervisors for condemnation of land for road purposes.</p>