San Francisco & San Jose Railroad v. Mahoney

Citations

• 29 Cal. 112

Syllabus

<p>Appeal in Proceeding to Condemn Lands.—An appeal lies from a judgment in a proceeding to condemn lands to the use of a corporation, and from an order granting or refusing a new trial after judgment in such proceeding.</p> <p>Time of Assessing Value of Land Condemned.—In a proceeding to condemn land for the use of a railroad corporation, the owner is entitled to receive the value of his land as assessed at the time when, in the language of the Constitution, the land is “ taken.” This time is not when the plat of survey is filed with the Secretary of State, nor when the company enters for the purpose of construction. Power of Commissioners appointed to Appraise Land.—Commissioners appointed to appraise land to be taken for the use of a railroad company have no power to pass upon any question of title, or to make any apportionment of the money assessed for the value among the owners.</p> <p>When Title to Land condemned for Railroad is Contingent.—If the title of the claimants to land over which a railroad passes is dependent on a confirmation of a survey of a Mexican grant hy the United States, the location of which may be changed, the money for the assessed value of the land should be paid into Court and remain, there until the title is settled.</p> <p>Persons entitled to Compensation for Land condemned for Public Use.— Parties claiming compensation for value of land condemned for railroad purposes must he owners of the land taken, or have an interest therein.</p>