Southern Pacific Railroad v. Southern California Railway Co.

Citations

• 111 Cal. 221
• 43 P. 602
• 1896 Cal. LEXIS 568

Syllabus

<p>Eminent Domain—Nature and Extent of Power — Taking Public Property and Franchises — Question of Legislative Will.—The power of eminent domain is one of the inalienable incidents of sovereignty, which, treated simply as a question of power, may he exercised in favor of public uses over any and all property, private and even public! and the property and franchises of corporations as well as of individuals, although dedicated to public uses, may be taken for other public uses| hut this inalienable power is to be exercised under and by virtue of the legislative will as expressed by the law-making power, and the right to exercise it must be given expressly or by necessary implication from power expressly given.</p> <p>Id. — Railroads — Condemning Part of Right of Way — Absence of Substantial Injury—More Necessary Public Use. — A portion of the right of way of one railroad company constituting part of a public street may be condemned by another railroad company, where it appears that the condemnation proceedings work no substantial injury to the defendant and produce only such inconvenience as is covered by the damages awarded! and, if the portion of the right of way condemned is not essential to the enjoyment of the defendant’s franchise and property as such, and does not materially curtail its rights and privileges, and is essential to the construction and existence of the plaintiff’s railroad, the condemnation is for a more necessary public use, within the meaning of the code, notwithstanding some interference may be occasioned thereby to the defendant.</p> <p>Id.—Construction of Unnecessary Spur Track—Intention to Prevent Use.—The construction of a spur track across the line of plaintiff’s road without necessary use therefor, and for the purpose of preventing the plaintiff from having and using the portion of the right of way sought to be condemned, cannot give the defendant any advantage, or prevent the condemnation for a more necessary public use.</p>