County of San Mateo v. Coburn

Eminent Domain — Public Use—Judicial Questions.—The question whether the uses for which property is sought to be taken, in the exercise of eminent domain, are in fact public is a judicial question, to be determined by the court; and if it can be shown that the end sought is solely for private purposes, condemnation must be denied.

Id.—Highway a Public Use—Burden of Proof.—A highway or public road is prima facie a public use, for which land may be condemned; and if it would be claimed otherwise in any particular case, or that the road is in fact for private use, the burden of showing such fact rests upon the contestant.

Id.—Necessity—Instrumentalities—Extent of Right—Political and Legislative Questions.—Where the use is in fact public, the necessity or expediency of taking private property therefor, the instrumentalities to be used, and the extent of the right to be delegated are political and legislative questions.

Id.—Demand fob and Location of Highway—Exclusive Jubisdiction of Supeevisobs.—Whether a public highway is demanded in any particular region, as well as its location and extent, are questions referred by the legislature te the board of supervisors; and where the hoard, by taking proper steps under the law, has acquired jurisdiction to determine those questions, its jurisdiction is exclusive, and its determination is not subject to collateral attack or to review by the courts.

Id.—Damage to Land not Taken—Deduction fob Benefits—Action by County.—In an action by a county to condemn private property for a public highway, damages to the land not taken must be allowed without any deduction for benefits to such land by the opening of the road.

Id.—Compensation Ibeespective of Benefit—Constbuction of Constitution—County not a “Municipal Cobpobation.”—A county is a governmental agency or a political subdivision of the state, and if it be a corporation, it is a political corporation, and is. not a “municipal corporation” within the meaning of section 14 of article X of the constitution, which declares that “no right of way shall he appropriated to the use of any corporation other than municipal, until full compensation therefor he first made in money, or ascertained and paid into court, for the owner, irrespective of any benefit from any improvement proposed by such corporation.”

Id.—Ebroneous Judgment— Obdeb fob Possession—Revebsal Upon Appeal.—Where the final judgment for damages must be reversed for error in not allowing sufficient compensation, an order for possession of the property sought to be condemned resting upon the erroneous judgment must also be reversed.