Wilcoxon v. City of San Luis Obispo

Harrison, J.— In December, 1890, the city of San Luis Obispo instituted proceedings under the act of March 6, 1889 (Stats. 1889, p. 70), for the widening of about three hundred feet of Chorro street, and designated the exterior boundaries of the district of lands to be affected or benefited thereby. In its resolution of intention it declared that “ the public interest and convenience require that Chorro street of said city, between Monterey street and Higuera street, be widened as hereinafter specified”; and, after describing the land to be taken therefor, continued: “And the work to be done and the improvements to be made shall consist of removing from said land the buildings and other structures and obstructions now thereon, and filling in with earth so as to bring the land taken (not including the creek) to the present grade of Chorro street, and gravel the same.” After proper publication of its resolution commissioners were appointed to assess the benefits and [509]damages to be produced by the improvement, and in due time made a written report thereof to the city council, in which they estimated that the aggregate amount of the value of the land to be taken and damage to improvements and property affected, and the cost of work and improvements and the expenses would be eleven thousand and eighty-two dollars and fifty-two cents, and assessed that amount upon the lands within the aforesaid district. One item of this aggregate amount is designated in their report to be: “Cost of contemplated work and improvement specified in resolution of intention seventeen hundred and twenty-two dollars and fifty-two cents.” Subsequent to the confirmation of this report a certified copy thereof was placed in the hands of the street superintendent, who by virtue thereof sold a lot belonging to the plaintiff herein to satisfy the assessment thereon. This action, in the nature of a suit to quiet title, was brought by the plaintiff for the purpose of having it adjudged that by the aforesaid proceedings no lien was created upon his land, and that the sale of the superintendent was void. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.

Section 1 of the act of March 6, 1889, gives authority to the city council of any municipality “ to order the opening, extending, widening, straightening up in whole or in part of any street, square, lane, alley, court, or place within the bounds of such city, and to condemn and acquire any and all land and property necessary or convenient for that purpose.” The only “ work to be done or improvement to be made” under the provisions of this act is that for which power is conferred by this section, and before the municipality can acquire jurisdiction to exercise this power it is required to pass a resolution of its intention to do so, “ describing the work or improvement.” Hence, the only work or improvement which the municipality has any jurisdiction to order is limited, in the first place, to that which is designated in section 1 of the act, and next to that which it has described in its resolution of intention.