Robinson v. Linscott

KERRIGAN, J.

This is an appeal by the defendants, the board of supervisors of Santa Cruz county, from a judgment in a proceeding in certiorari, annulling certain proceedings of said board in reference to the acquisition of a public road.

The proceedings annulled were instituted by certain freeholders and residents of two certain road districts in Santa Cruz county for the purpose of laying out and opening a new public road in said districts of the length of about ten miles, to constitute a direct route from Pajaro valley through the mountains in a northerly direction to connect near Wright’s with the road from San Jose to Santa Cruz. Pursuant to the requirements of section 2643 of the Political Code, under the provisions of which section these proceedings were conducted, three viewers were appointed. They filed their report, in which they recommended the opening of the road, and estimated the damages to the different property owners over whose land the road would pass. After a full hearing of the matter the board passed a resolution, and determined by a unanimous vote, all the members being present, to acquire said road, and that as the proposed road was to be more than three miles long, and the cost thereof would

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be in excess of $5,000, and too great to be borne by any of the road funds of the county, the cost of its construction should be paid out of the general county fund, and they so directed. Thereupon plaintiffs commenced these proceedings. They are residents and taxpayers of said county, and the properties on which they pay taxes are situated within the limits of two named municipal corporations in that county. Under the provisions of what is commonly called the Vrooman act, these municipalities, like all others in the state, must construct and maintain their own streets and alleys, and, according to section 2 of the highway act of February, 1883 (Stats. 1883, p. 20), they cannot be included within any road district of the county, and are exempt from paying for work and improvements on roads situated without their corporate confines. This section 2 reads as follows: “Sec. 2. . . . Provided, further, that nothing herein contained shall be deemed to authorize the levy or collection of a road poll tax, or property road tax, within municipalities existing under the laws of this state, wherein work and improvements upon the streets is done by virtue of any law relating to street work and improvements within such municipality. Nor shall any such incorporated city or town be by the supervisors of the county included or embraced within any road district by them established under this act. ’ ’