Humboldt Cty. v. Dinsmore

Citations

• 75 Cal. 604
• 17 P. 710
• 1888 Cal. LEXIS 594

Syllabus

<p>Public Road—Petition — Freeholders.—Under section 2682 of the Political Code, a petition for the constrnction of a public road need not allege that the petitioners are freeholders of the road district wherein the proposed road is to he constructed, and taxable therein for road purposes.</p> <p>Id.—Road District—Judicial Notice of Location.—The courts will take judicial notice that a road district alleged to be in Humboldt County is in the state of California.</p> <p>Id. —Approval of Bond. —An order of the hoard of supervisors, recognizing the petition for the construction of the road and the accompanying bond as being such as is required by law, and ordering viewers to be appointed, is sufficient evidence of an approval of the bond by the hoard.</p> <p>Id, — Order for View — Presumptions.—In the absence of affirmative proof to the contrary, it will be presumed, in support of an order appointing viewers, that the board of supervisors determined the fact that the petition was presented and signed by at least ten freeholders of the road district taxable therein for road purposes, that one of the viewers is a surveyor, and that all of the viewers are disinterested citizens of the county, and not petitioners.</p> <p>Id.—Notice to Land-owner.—Under section 2685 of the Political Code, the notice required to be given by the viewers to the owner of the land over which the road passes, of the proposed route, need not be in writing.</p> <p>Id. —Report of Viewers. •—Under section 2686 of the Political Code, the viewers are not required to state in their report as a fact that they have ascertained the necessity for the road, or that the same should be opened.</p> <p>Id. —Survey of Road. —The survey of the road need not appear upon the records of the board of supervisors.</p> <p>Id. —Approval of Report of Viewers. —The order of the board of supervisors approving the report of the viewers cannot be collaterally attacked on the ground that it was made upon insufficient evidence.