Davis v. San Lorenzo Railroad

Citations

• 47 Cal. 517

Syllabus

<p>Condemnation oe Land fob Railroad Purposes.—The “ compensation” to be paid to the owner for damages, spoken of in section thirty-four of the Railroad Act of 1861, as amended in 1863, is that which shall be awarded to the owner of the land on proceedings for condemnation, if the land is finally taken for public use.</p> <p>Idem.—If the railroad company is placed in possession during the pendency of the proceedings, no provision is made in said Act, for securing to the owner compensation for the use of the land, and for waste committed on it, while the corporation was in possession; provided, the proceedings shall ultimately fail.</p> <p>Taking Private Pbopebtz fob Public Use.—If the Court or Judge makes an order, permitting a railroad company to occupy and use land, pending the proceedings for condemnation, and under said order, the corporation enters into possession of the same, it is a talcing of private • property for public use, within the meaning of the Constitution.</p> <p>Condemnation oe Land eob Raidboad Purposes.—-That portion of the Railroad Act of 1861, as amended in 1863, which permits the Court or Judge on proceedings for the condemnation of land, to make an order allowing the company to enter into possession and use the land sought to be condemned during the pendency of the proceedings, without providing compensation for the use and waste committed if the proceedings finally fail, is in violation of that clause in the Constitution, which prohibits ^private property from being taken for public-use without compensation.</p>