Levee Dist. No. 9 v. Farmer

Citations

• 101 Cal. 178
• 23 L.R.A. 388
• 35 P. 569
• 1894 Cal. LEXIS 1003

Syllabus

<p>Highways—Alteration of Line of Road—Order Vacating Portion— Power of Supervisors.—Where a petition for the establishment of a new line of road, and the vacation of a portion of an old road about two miles in length, was signed by the required number of qualified persons, and the description of the road sought to be established and the one to be vacated was definite, and did not show that they were disconnected matters which ought not to be or could not be joined in the same proceeding, and the surveys and descriptions of the new road and the old road show that the new road is but an alteration of the old, making a portion of the old road unnecessary, and that the divergence is in no place considerable, the board of supervisors have jurisdiction to make an order for laying out and establishing the new road and vacating part of the old road.</p> <p>Id.—Judicial Functions op Board—Collateral Attack—Review op Judgment.—As to all facts tending to show whether the power of the board ought or ought not to be exercised, either by granting or denying the petition in whole or in part, the board exercises judicial functions, and its judgments are final, and cannot be attacked collaterally, but may be reviewed upon certiorari, where the jurisdiction of the board has been exceeded.</p> <p>Id.—Constitutional Law—Compensation to Abutting Owners—Vacation op Road.—The rights of abutting owners upon a public road which has not been dedicated by the owners of the land, and in respect to which there are no contract rights, or trust obligation of the public, are not such property as under the constitution must be paid for upon vacation of the public road, and the provisions of the Political Code conferring power upon the board of supervisors to vacate public roads are not unconstitutional, because not authorizing the board to assess the damages caused thereby to abutting owners, nor to provide for compensation to them.</p> <p>Id.—Easement for Benefit op Public—Abutters Subject to Sta