Marblehead Land Co. v. Superior Court

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, sec. 14). In fact, this language was the entire text of the section as originally adopted. In 1911 the section was amended in a respect which is not of moment in the present litigation. In 1918 a second amendment was adopted. This amendment opens with the original text as above set forth, the time-honored language being followed immediately 'by these provisions: “provided, that in an action in eminent domain brought by the state,, or a county, or a municipal corporation, or a drainage, irrigation,…