Teralta Land & Water Co. v. Shaffer

Citations

• 116 Cal. 518
• 48 P. 613
• 1897 Cal. LEXIS 583

Syllabus

<p>Taxation—Redemption of Land Sold to State—Law at Date of Sale to Govern.—The redemption of land sold to the state for delinquent taxes is governed by the law in force at date of the sale; and, upon a redemption made after the passage of the act of March 28, 1895, of land sold for delinquent taxes prior thereto, the owner entitled to redeem is not required to pay the amount fixed by that act.</p> <p>Id.—Retroactive Statute — Impairment op Vested Right — Constitutional Law.—Though the legislature evidently intended, by the language used in the act of March 28, 1895, to make it apply to sales for delinquent taxes to the state theretofore as well as thereafter, yet it is beyond the power of the legislature, after a tax sale, to impose more onerous conditions upon the right to redeem than those which existed when the sale was made; and the retroactive provision of said act is unconstitutional and void in so far as it purports to impair the vested right of redemption, which was a condition of the contract of purchase when made.</p>