County of Los Angeles v. Marblehead Land Co.

This is an action brought by the County of Los Angeles to condemn a right of way for a portion of the state highway running between Oxnard in Ventura County and San Juan Capistrano in Orange County. After an extended trial the court made findings of fact, upon which an interlocutory decree was entered, directing payment to the defendants of specified sums in accordance with their several interests in the land as determined by the court, and providing that upon payment of said sums the lands sought to be taken be condemned and taken by the plaintiff for the purposes of said highway. The defendants appeal from the judgment.

In the year 1913 the legislature enacted a law entitled “an act to permit counties to acquire rights of way for state highways and bridges within their limits and authorizing the state to accept the same.” (Stats. 1913, p. 445; Henning’s Gen. Laws, p. 994.)

Section 1 of that act reads as follows:

Section 2 provides a similar procedure under which a county whose interests would be promoted thereby is authorized to contribute money toward the expenses of construction of state highways within their limits.

The present action was brought under and in accordance…