Murphy v. De Groot

Citations

• 44 Cal. 51
• 1872 Cal. LEXIS 152

Syllabus

<p>Taking Land Fob Public Use, bob Highway.—When the Act for condemning land for a public highway, requires the money allowed to a land owner for damages, to he set apart in the treasury by the Supervisors for the owner, the land is not taken for public use until it is so set apart; and an order of the Supervisors awarding the damages allowed, payable from the Current Expense Fund of the county, is not a taking of the land for public use, and a tender to the land owner, of the damages allowed, made after such order, is of no avail.</p> <p>Idem—Statute to be ^tbictly Pubsued.—A Eoadmaster has no right to open a public highway over private land until all the provisions of the statute under which he is proceeding have been strictly complied with.</p>