Imperial Valley press., 1922-11-03

source of supply, to the extent Of
their reasonable needs, in prefer
encc to those more remote.''
what community might think are
ltt reasonable needs and what the
board might think are that community's
reasonable needs is, of course, left to
the board to decide.
In Section XIII is contained the pro.
vision that compels all political sub.
divisions to present ALI plans and speci.
fications and engineering features for
any further water supply for electric
energy to the board for approval with.
IN two years, and refers to the board
the question of practicability, no mat.
ter what the testimony of experts ,6b.
tanned by the political subdivisions may
be ON this point. This section also
provides that the board may take all
unappropriated waters held in reserve
by these political subdivisions in ease
she board and the political subdivisions
cannot get together within two years.
The next section, Section XIV, con.
sains one of the most drastic and dan.
gerous provisions of the amendment, in
fhat it provides that the resolution Of
dence" in court of the necessity for
taking any property it may desire to
take within the state of California.
Competent authorities declare that in
no state in the union does the law Of
eminent domain contain such pro.
vision; that such evidence is invari.
ably deemed to be ''presumptivc evi-
dence' and the use Of the word ''con-
elusive simply means that the court
must take the resolution of the board
without judicial discretion. In no place
in Section XIV is there any provision
for resistance to the exercise of eminent
domain by the board, the whole section
being drawn in manner to prevent
any such resistance, and TO provide
that the person whose property is
sought to be taken can only 90 into
court and resist the amount of award
not the act of taking the property.
The board is only required to give five
days notice of its intention, to take
the property and the person whose
property is sought is given so days in
which to file an action, seeking to
change the amount declared by the
board to be just compensation for such
taking, and any damages incidental
thereto.
All states and political subdivisions,
and in some eases public utilities, are
granted the right OF eminent domain;
but in no ease is the evidence to be
submitted in such an action econ,
elusive evidence
Certainly under the constitution OF
the United States, no man may be
deprived Of his property without due
process Of law; Under the present
law we have the right to resist the
taking of property on the merits Of the
ease The law leaves to us the right
Of such trial and the right of appeal
against the act of taking property lin
der the acts providing for exercise of
eminent domain. In such an action
be taken has, after five days notice,
according to this amendment, lost the
use of his property, and at the end
Of such litigation as may be carried
on, only receives a judgment fixing
the amount to be paid to him. The see
tion carefully excludes him from any
right to resist the actual taking Of
the property, therefore is cpnfiseatory
in the highest degree. The full text
Of Section XIV is as.follows:
''Scction a.. IN any proceeding
in eminent domain brought by the
board under the provisions hereof,
the determination of the board that
'the taking Of the property dc.
scribcd in the complaint rs neccs-
sary for the purposes hereof, shall
be conclusive evidence Of such
necessity. In any such proceeding
the state may take immediate pos,
session and use OF any property re-
quired for the purposes OF this
article by paying into the court
such amount Of money as the court,
upon five days notice to the ad.
verse party, may determine as
reasonably adequate to secure to
the owner Of the property sought
to be taken immediate payment Of
just compensation for such taking
and any damages incident thereto.
In any such proceeding, trial
by jury may be demanded and Sc.
cured by any party thereto, and
any proceeding begun under tile
provisions Of Section 23a Of Article
XII of this constitution shall be dis
missed on tho filing thereia Of d
written demand by such PARTY.
Such demand must be filed within
30 days after service upon such
party OF process in such proceeding.
property appropriated to public
use may DC taken Under the power
~ eminent domain for the pur.
poses hereof, but, except as other.
wise herein provided, THIS article
shall not confer power to take the
property or works owned or con.
trolled by any political subdivision
used or proposed to be used for.
supplying water or electric, dficf9y.