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§ 1231. At any time before the expiration of the time of publication any person may file his objections to the appli

cation. Am,3-8,108

Vide§ 1233 and note.

1232. After the time of publication has expired, the judge may, upon five days notice to the persons who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application; and if all the statements therein made are shown to be true, he must declare the corporation dissolved.

Vide § 1233 and note.

1233. The application, notices and proof of publication, objections (if any) and declaration of dissolution, constitute the judgment roll, and from the judgment an appeal may be taken as from judgments of the county courts.

Stat. 1850, 350, $ 31, read: "Any corporation dissolve and disincorporate itself shall present a petition to the county judge of the county in which the meetings of the stockholders are usually held, accompanied by a certificate signed by its proper officers and setting forth that, at a general or special meeting of the stockholders, called for that purpose it was decided by a vote of two-thirds of the stockholders, to disincorporate and dissolve the incorporation. The clerk shall enter such petition and certificate of record, and the judge shall after thirty days notice by publicati in some newspaper published in the county, and if there be none such, then by advertisements posted up in the principal public places in the county, proceed to consider the same; and if the judge be of opinion that such incorporation has taken the necessary preliminary steps, and obtained the necessary vote to dissolve itself, and that all claims against the incorporation are discharged, he shall declare such incorporation dissolved."

Am:77.-8, 108



SECTION 1237. Eminent domain defined.


Purposes for which it may be exercised.

1239. What estates in land may be acquired by condemation.
1240. Private property defined. Classes enumerated.
1241. Facts necessary to be found before condemnation.
1242. Parties may make location. May enter to make sur-

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Summons, what to contain. How issued and served. 1246. Who may defend. What the answer may show, and


how verified.

Court shall have jurisdiction to regulate the mode of making crossings or of enjoying a common use.

1248. Court or jury to assess damages.

1249. The date with respect to which compensation shall be assessed, and the measure thereof.

1250. New proceedings to cure defective title.

1251. Payment of damages.

1252. Damages, to whom paid.,

1253. Final order of condemnation, what to contain.

When filed, title vests.

1254. Putting plaintiff in possession.

1255. Costs may be allowed, distribution thereof.

1256. Rules of practice.

1257. New trials and appeals.

1258. When title takes effect and construction of.

1259. When title takes effect.

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1237. Eminent domain is the right of the people or government to take private property for public use. This right may be exercised in the manner provided in this title.

18 Cal. 229; 31 Cal. 538.

Statute must be strictly pursued: 19 Cal. 47; 36 Cal. C39.
As to compensation, see § 1247.

1238. Subject to the provisions of this title, the right of eminent domain may be exercised in behalf of the following public uses:

1. Fortifications, magazines, arsenals, navy yards, navy and army stations, light-houses, range and beacon lights, coast surveys, and all other public uses authorized by the government of the United States.

2. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature of this state.

3. Public buildings and grounds for the use of any county, incorporated city or city and county, village, town or school district, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or city and county, village or town, or for draining any county, incorporated city or city and county, village or town; raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or city and county, village. or town, or the inhabitants thereof, which may be authorized by the legislature; but the mode of apportioning and collecting the costs of such improvements shall be such as may be provided in the statutes by which the same may be authorized.

4. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, by-roads, plank and turnpike roads, steam and horse railroads; canals, ditches, flumes, aqueducts and pipes for public transportation, supplying mines and farming neighbor hoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable.

5. Roads, tunnels, ditches, flumes, pipes, and dumping places for working mines, also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines.

6. By-roads leading from highways to residences and farms.

Vide under subdivision 1, the following statutes, to wit:

Stat. 1852, 149; stat. 1854, 41; stat. 1854, 48-9; stat. 1855, 45; stat. 1957, 74, (repealed by stat. 1859, 1); stat. 1858, 70; stat. 1859, 26-7; stat. 1859, 334; stat. 1861. 259-60; stat. 1862, 552; stat. 1865-66, 520.

Cons. U. S., art. 1, sec. 8, clause 17.

Vide under subdivision 3, the following statutes in reference to towns and villages, to wit:

Stat. 1850, 128; stat. 1855, 57-9; stat. 1856, 198-203, which repealed statutes 1850 and 855.

The following statutes in reference to school districts, to wit.

Stat. 1863, 194-211; stat. 1863-64, 209; stat. 1865-66, 383; stat. 1867-68, 150; stat. 1869-70, 824.

The following statutes in reference to canals, to wit:

Stat. 1862, 540-41; stat. 1865-66, 53, 604-5, 786; stat. 1867-68, 134; stat. 1869-70, 660

The following statutes in reference to water companies, etc., to wit: Stat. 1852, 171; stat. 1858, 218; stat. 1861, 228.

The following statutes in reference to roads, etc., to wit:

Stat. 1861, 389; stat. 1863, 48; stat. 186-566, 155, 381, 855; stat. 1867-68, 158; stat. 1869-70, 231.

Vide subdivision 4, the following statutes in reference to wharves, piers and chutes, to wit:

Stat. 1858, 120; stat. 1869-70, 698, 526.

The following statutes, in reference to ferries, bridges and toll roads, to wit:

Stat. 1855, 183-7; stat. 1861, 18, 307; stat. 1862, 247; stat. 1863-61, 192; stat: 1863, 720, 747-758; stat. 1867-68, 77; stat. 1869–70, 887; stat. 1850, 347; stat. 1851, 424.

The following statutes, in reference to plank and turnpike roads, to wit: Stat. 1853, 169; stat. 1854, 74; stat. 1857, 280; stat. 1858, 265, 145.

The following statutes, in reference to steam and horse railroads, to wit: Stat. 1861, 607-627; stat. 1863, 610, 296: stat. 1862, 547, 498; stat. 1867-68, 705; stat. 1869-70, 577, 481, 786.

The following statutes, in reference to canals, ditches, flumes, etc., to wit:

Stat. 1853. 87; stat. 1863-61, 149: stat. 1859, 93; stat. 1863, 736; stat. 1857, 121; stat. 1861, 41; stat. 1869-70, 569.

Vide note supra under subdivision 3.

Vide under subdivision 5, the statutes referred to under subdivision 4, supra in reference to canals, ditches, flumes, etc.

No reference is here made to the large number of private and local statutes which have been enacted upon most of the subjects embraced in this section.

SUB-DIVISION 1: 5 Cal. 373; 18 Cal. 229; 19 Cal. 47.

SUB-DIVISION 2: 16 Cal. 248; 27 Cal. 171.

SUB-DIVISION 3: 27 Cal. 613; 28 Cal. 345; 29 Cal. 75; 32 Cal. 241.
SUB-DIVISION 6: 32 Cal. 241.

1239. The following is a classification of the interests, estates and rights in lands, subject to be taken for public use: 1. A fee simple, when taken for public buildings or grounds, or for permanent buildings for use in connection with a right of way, or for an outlet for the flow, or a place for the deposit of tailings from a mine.

2. An easement, when taken for any other use.

3. The right of entry upon and occupation of lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.

§ 1240. The private property which may be taken under this title, includes:

1. All real property belonging to any person.

2. Lands belonging to this state, or to any county, incorporated city or city and county, village or town, not appropriated to some publice use.

3. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.

4. Franchises for toll roads, toll bridges and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public


5. All rights of way for any and all the purposes mentioned in section twelve hundred and thirty-eight, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections and connections shall be made in manner most compatible with the greatest public benefit and least private injury.

6. All classes of private property not enumerated may be taken for public use, when such taking is authorized by law. 23 Cal. 323; 36 Cal. 639.

§ 1241. Before property can be taken, it must appear: 1. That the use to which it is to be applied is a use authorized by law.

2. That the taking is necessary to such use.

3. If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public


18 Cal. 229; 23 Cal. 323.

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