San Francisco, Alameda & Stockton R.R. v. Caldwell

Citations

• 31 Cal. 367

Syllabus

<p>Constitutionality of Thirteenth Section of Railroad Act.—The thirteenth section of the Railroad Act, requiring Commissioners, in assessing the value of lands sought to be taken by the company, to make allowance for any benefit that will accrue to the person whose lands are taken, is not repugnant to the Constitution.</p> <p>Private Property may be Taken for Railroads.—Railroads for the carriage of passengers and transportation of merchandise are public highways, for the construction of which, though made by private corporations, the land belonging to private persons may be taken upon paying to the owner a just compensation.</p> <p>Legislative Power in Taking Land for Public Use.—It is in the power of the Legislature to declare that in ascertaining what is a just compensation to be paid to the owner of land taken for a railroad, the benefit which may result to the remaining land of the same parcel shall be set off in satisfaction or part satisfaction of the value of the particular land taken. *</p> <p>Compensation for Land Taken for Public Use.—The Constitution guarantees to the owner of land taken for public purposes only a just compensation, and to give a just compensation, not onty the benefit which may result to the remaining land of the parcel taken, but also the injury which this remaining parcel may sustain, should be taken into consideration.</p> <p>Just Compensation for Land Taken for Public Use.—When the land taken for a railroad is a part only of a tract, it is the duty of the Commissioners, in arriving at a just compensation to be paid to the owner, to ascertain what is the value of the whole tract without the railroad, and also wliat will be the value of the part not taken after the road is constructed, and the difference in values is the true compensation to be awarded.</p>