Rialto Irrigating District v. Brandon

Citations

• 103 Cal. 384
• 37 P. 484
• 1894 Cal. LEXIS 784

Syllabus

<p>Irrigation District—Eminent Domain—Condemnation of Right of Way for Pipe Line—Construction of Wright Act.—The provisions of the Wright act, providing for the construction of “ditches and canals,” and giving power to an irrigation district to condemn property “necessary for the construction, use, supply, maintenance, repair, and improvement of canals and works, and all necessary appurtenances,” are broad enough to include pipe lines, flumes, or other conduits usually employed in works of the kind for conveying water, even if not necessarily included in the terms “ditches and canals.”</p> <p>Id.—Public Use — Necessity Eor Taking — Pleading.—A complaint alleging plaintiff’s organization into an irrigation district, and the purpose of its organization, and showing that the object sought by the use is to provide water for irrigating lands within the district, particularly describing them; that the defendants own the land over which the right of way is sought, particularly describing it; that in order properly to irrigate the lands of the district it is necessary to construct a pipe line, which is particularly described, across the defendants’ land at the point designated; and that the right of way is sought for the purpose of establishing and maintaining such pipe line, the complaint being accompanied by proper maps made a part thereof, showing survey and delineation of the proposed line upon the ground, is sufficient to show that the use is a public one, and that the taking is necessary for such use.</p> <p>Id.—Conclusiveness of Decree Confirming Organization—Proceeding In Rem—Evidence.—A decree confirming the regularity of the proceedings for the organization of an irrigation district is rendered in a proceeding in rem had and authorized for the express purpose of fixing the legal status of the corporation, and concludes the whole world upon all the questions involved, and is admissible in evidence in a condemnation proceeding by the irrigation district.</p> <p>Id.—