San Mateo Waterworks v. Sharpstein
California Supreme Court Jul 1, 1875 No. No. 4853Published
Synopsis
Taking Private Pbopertz vor a Public Use. — An order permitting a plaintiff, in proceedings to condemn land for a public use, to enter into possession of the same during the pendency of the proceedings and until their conclusion, is a taking of private property for a public use within the meaning of the Constitution, and cannot be made.
By the Court: The taking in this case amounts to a taking of private property for public use in the sense in which that phrase is used in the Constitution, and can only be effected upon the conditions prescribed in the Constitution—that is, upon just compensation being simultaneously made.
Order annulled.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)