Marblehead Land Co. v. Superior Court

The two matters now awaiting our disposition arise out of an application for a writ of review, and the title above set forth is the title of the proceeding for review. In order that our ruling upon the two specific matters which now engage our attention may be thoroughly understood, it will be necessary for us to state with some particularity the questions of fact and law which are involved in the original proceeding for the writ of review.

The present constitution of California has always contained a provision to the effect that “Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court, for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a court of record, as shall be prescribed by law.” (Const., art. I, see. 14.) In fact, this language was the entire text of the…