Los Angeles County v. San José Land & Water Co.

— This action was brought in the superior court of the county of Los Angeles for the purpose of condemning the right of way for a proposed public road over the lands of the defendant corporation. It was instituted under an order made by the hoard of supervisors of the county, plaintiff here, under section 2690 of the Political- Code, as amended March 17, 1887, which is in this language: “ If any award of damages is not accepted *94 within ten days of the date of the award, it shall be deemed as rejected by the land-owners. The board must by order direct proceedings to procure the right of way to be instituted by the district attorney of the county, under and as provided in title 7, part 3, of the Code of Civil Procedure, against all non-accepting land-owners, and when thereunder the right of way is procured, the road must be declared a public highway, and opened as herein provided. In such suit, no informality in the proceedings of the board shall vitiate said suit, but the said order of the board, directing the district attorney to bring suit, shall be conclusive proof of the regularity thereof; and the said suit shall be determined by the court or jury in accordance with the…