Fox v. Western Pac. R.R.

Citations

• 31 Cal. 538

Syllabus

<p>Condemnation of Land for Railroad.—The Act of 1861, to provide for the incorporation of railroad companies, as amended in 1863, giving to such companies the right to enter on and proceed with the survey and construction of their roads on private lands while proceedings for a condemnation of the same are pend- * ing and before the compensation is paid, upon giving security for the damages when ascertained, is not unconstitutional.</p> <p>Idem.—That clause in the Constitution which provides that private property shall not bo taken for public use without just compensation, does not prohibit the Legislature from authorizing private lands to be entered on and taken possession of for public use while proceedings for condemnation are pending and before the compensation is paid, upon security being given for the payment of the damages when ascertained.</p> <p>¡When Land is “Taken” for Public Use.—Land is not “ taken for public use” in the sense in which the word “taken” is used in the Constitution, until the last act has been performed which, under the mode of condemnation adopted, is required to transfer the title or subject it to the servitude.</p> <p>Idem.—The Legislature possess the constitutional power to prescribe the proceedings by which the taking of land for public use shall be effected, and the time at which, in view of the mode adopted, the taking shall be deemed complete.</p> <p>Act taking- Land for Public Use.—An Act of the Legislature permitting private property to be taken possession of for public use while proceedings for condemnation are pending and before compensation is made, and which further provides that the title shall not pass until compensation has been paid, is not repugnant to the Constitution, whether.read as exacting compensation before the taking, or as permitting the taking before compensation is made.</p>