Sacramento Valley Railroad v. Moffatt

Citations

• 7 Cal. 577

Syllabus

<p>Parties in possession of land, claiming title thereto, are presumed to be the owners thereof.</p> <p>Parties in possession of land are entitled to compensation before it can be taken for public uses.</p> <p>Where a railroad company applies for the appointment of a commission to ascertain the value of, and condemn land, needed by it for right of way, and makes the parties in possession defendants to their application, the latter are entitled to have the land, as determined by the commission, paid to them, although third parties have given notice of their ownership of the land.</p> <p>Title to land cannot be tried in such a proceeding.</p>