Lindsay Irrigation Co. v. Mehrtens

Citations

• 97 Cal. 676
• 32 P. 802

Syllabus

<p>Eminent Domain — Public-Use — Limitation of Authority — Proof of Agency from State. — The right of eminent domain can he exercised only in behalf of those public uses which the legislature has authorized, and in the mode and with the limitations prescribed by the statute authorizing it. Whoever, under claim of agency from the state, would deprive an owner of his property, by the exercise of eminent domain, must show not only that the use is a public use, hut also that the legislature has authorized the right for that particular use, and in the mode in which he is seeking to appropriate it.</p> <p>Id. — Legislative Declaration of Public Use — Power of Judiciary — Determination of Individual Case. — Where the legislature has designated the usesv in behalf of which the right of eminent domain ¡may he exercised, the designation is a legislative declaration that such uses are public, and will he recognized by the courts; but whether, in any individual case, the use is a public use must be determined by the court from the facts and circumstances of that case. -</p> <p>Id.—Supplying Farming Neighborhoods with Water — Effect of Code Provision. — Section 1238 of the Code of Civil Procedure, giving the right of eminent domain for the construction of canals and ditches for supplying farming neighborhoods with water, is a legislative declaration that the use is a public use, and the declaration must be regarded as falling within the scope of legislative duty in providing for the public welfare.</p> <p>Id. — Application of Terms — “ Farming Neighborhood ” — “ Pdblio Use” — Evidence. —The term “farming neighborhood,” as used in the code provision, is an indefinite expression, and whether it can be applied to any particular tract of land must be determined by evidence; and the term “public use” is also an expression of indefinite signification, and its application to the facts of any particular case is to be determined from evidence.</p> <p>Id.— Definition of “Farming Neighborh