Stanford v. Worn

California Supreme Court Jul 1, 1865Published

Before: Sanderson

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Holding. The court held that the condemnation proceedings were null and void due to the failure to strictly comply with statutory requirements, specifically regarding the proper party plaintiff and the mandatory notice publication period. Consequently, the court ordered the proceedings quashed and the deposited funds returned to the State.

Issues

Whether the failure to bring the condemnation action in the name of the People of the State of California renders the proceedings void.
Whether the failure to publish the required notice for the full four-week period deprives the court of jurisdiction over the landowners.
Whether the court erred in denying the Attorney-General's motion to quash the proceedings and refund the money to the State.

Disposition. reversed

Quotations verified verbatim against the opinion

“The institution of this action in the names of the Board of State Prison Directors is wholly unauthorized by the Act in question.; on the contrary, the Act directs it to be brought in the name of the People of the State of California.”

“The proceedings being void, the State acquired no right to a deed, nor did the owners of the land acquire any right to the money.”

Synopsis

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.

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.

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.

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.

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.

By the Court, Sanderson, C. J. This is an Oaction to condemn certain lands at Point San Quentin for State Prison purposes, under the provisions of an Act of the Legislature passed for that purpose, as amended in 1863. (Statutes of 1863, p. 224.) That Act authorizes the Attorney-General “ in the name of the People of the State of California,” to bring an action in one of the District Courts of any county adjoining the County of Marin, for the condemnation of all such lands as the State Prison Directors may deem necessary for the convenience of the Prison and the use of the State, and prescribes the mode and manner in which the action shall be prosecuted. It directs that the action shall be brought by filing a petition or declaration and publishing the same at least once a week for four weeks in some newspaper in the county where the suit is brought, and prescribes what matters shall be set forth therein, including a notice requiring all persons interested in the lands to come into Court, on a day to be specified in said notice, and file their objections in writing, if any they have, against the proposed condemnation. At the time specified in the notice, or as soon thereafter as is convenient, the Court is required to impanel a jury to assess the value of the lands. The Board of State Examiners are directed to audit the amount so assessed, together with such expenses as the Attorney-General may certify, and the [173]Controller is directed to draw his warrant for such amount in favor of the Attorney-General, payable on the 15th of December, 1863, who is required to pay the same into Court for the benefit of all the parties interested in the proceedings. Upon the payment of the warrant or the money into Court the clerk is required to execute a deed of the land in question to the State of California in due form of law, reciting the proceedings in the case, and thereupon it is declared that the State shall thereafter be the owner in fee simple absolute of said lands.

Under this Act these proceedings were instituted on the 1st day of May, 1863, and thereafter the value of the lands was assessed and the money paid into Court pursuant to an order of the Court made on the 29th of February, 1864. This order reserved to the parties the right to take any further steps they might deem proper until the 12th of March following, on which day the Attorney-General moved the Court to refund the money to the State, and to quash all the proceedings upon the ground that they were null and void by reason of a non-compliance with the provisions of the Act under which they had been instituted. This motion was denied, and thereupon the Attorney-General took an appeal to this Court from all the judgments and orders in the case.

Stanford v. Worn

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