Stanford v. Worn

Citations

• 27 Cal. 171

Syllabus

<p>Proceedings to condemn Land.—In order to render proceedings for the condemnation of land for the ufo of the State effectual for any purpose, the provisions of the statute by which they are authorized must be strictly followed.</p> <p>Plaintiff in Proceedings to condemn Land.—If the Act authorizing proceedings for the condemnation of land directs them to be commenced in the name of the People of the State, and they are commenced in the name of the Governor, Lieutenant-Governor, and Secretary of State, this renders the whole proceeding a nullity.</p> <p>Time of Publication of Notice.—If the Act authorizing proceedings for the condemnation of land directs a notice to claimants to he published for four weeks, and only twenty-four days elapse from the day of the first publication to the day the defendants are notified to appear, the Court acquires no jurisdiction over parties who do not voluntarily appear in the action.</p> <p>Control of Court over Proceedings to condemn Land.—The Court does not lose its control over proceedings for the condemnation of land by reason of its adjournments at any time, but it continues as unfinished business until the deed is made and money paid over under the order of the Court.</p> <p>When Proceedings condemning Land are Void.—If, after proceedings have been taken to condemn land for the use of the State, the damages have been assessed, and a decree of condemnation entered, it shall appear that the State has acquired no title by the decree, the Court should, on motion of the Attorney-General, quash all the proceedings, and order the money to be refunded to the State.</p>