Sanborn v. Belden

Citations

• 51 Cal. 266

Syllabus

<p>Eminent Domain.—When land is sought to be taken for a public use by a private corporation under proceedings in the exercise of the right of eminent domain, the court has no power to make a preliminary order placing the corporation in possession of the land during the pendency of the proceedings upon giving security to pay damages, nor has the Legislature any power to confer such authority.</p> <p>Idem.—-If such order is made, and the corporation acts on it, it is a taking of private property for a public use.</p> <p>Idem.—The question not decided whether, when property is taken for a public use by the State or a municipal corporation, pecuniary compensation must be tendered before actual taking.</p>