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· 7/1/1873

Kimball v. Board of Supervisors of Alameda County

Citations

  • 46 Cal. 19

Syllabus

<p>Appearance a Waiver op Notice.—In proceedings by a Board of Supervisors to take private land for a public highway, an appearance before the Board of one of the persons whose land is about to be taken, is a waiver of service of notice upon such person.</p> <p>Power op Supervisors in Opening Roads.—Boards of Supervisors, if authorized by law, may exercise the judicial powers necessary to be called into exercise in talcing private lands for public highways, and the exercise of such power is not repugnant to that clause in the Constitution which declares that private property shall not be taken for public use without due process of law.</p> <p>Amendment to Section op an Act.—If a section of an Act is amended and published at length in a subsequent Act, and the original section is again amended and published at length in a still later Act, which repeals the first amendatory Act, the last Act is only an amendment of the original section, although it does not refer to the first amendatory Act except in the repealing clause.</p>

Judges: Crockett

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