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← 12 CALAPP2D 665 - People v. Joerger

People v. Joerger’s Empirical Analysis

1936

Citation profile

36
cited by 36 later decisions
2
states following
February 2009
most recently cited

3 federal appellate · 29 state decisions

How this case has been cited

Cited by 36 later decisions — most recently February 2009 · most notably 10 Cal. 3d 385 - City of Los Angeles v. Ricards (1973), People v. Klopstock (1944)

3 federal appellate · 29 state decisions

10019361940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Steinhart v. Superior Court · Security Co. v. Rice · 60 Cal. App. 644 - Marblehead Land Co. v. Superior Court · Davis v. San Lorenzo Railroad · Fletcher v. District Court of Appeal

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “It is undoubtedly the rule that “compensation in general must be paid to the person who owns the property at the time it was taken or injured.” 20 C.J. p. 847, § 286. It follows that if entry into possession by plaintiff under the order mentioned, and the various acts of ownership performed by plaintiff constitute a “taking,” then appellants were entitled to the compensation. Our Supreme Court has decided very definitely that the act of the state in entering into possession of the property and proceeding to construct the highway was a “taking” of the property as that term is used in the provisions of the Constitution above quoted. [[Image here]] These [California] cases follow the general rule. “It may be stated as a general rule that there is a taking where the grantee of the power of eminent domain enters upon the land, not for the mere purpose of examination or survey, and does some act evidencing an intention to appropriate it.” 20 C.J., p. 723 § 182. The evidence of an intent upon the part of the plaintiff in the instant case to “appropriate” the property of appellants is overwhelming and beyond dispute.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.