Rindge Co. v. County of Los Angeles
Encyclopedia
Rindge Co. v. County of Los Angeles, 262 U.S. 700
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1923), was a case in which the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 held that a county government could use its power of eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...

 to take land from a private landowner to build a scenic highway.

these roads, especially the main road, through its connection with the public road coming along the shore from Santa Monica, will afford a highway for persons desiring to travel along the shore to the county line, with a view of the ocean on the one side, and of the mountain range on the other, constituting, as stated by the trial judge, a scenic highway of great beauty. Public uses are not limited, in the modern view, to matters of mere business necessity and ordinary convenience, but may extend to matters of public health, recreation and enjoyment. Thus, the condemnation of lands for public parks is now universally recognized as a taking for public use. A road need not be for a purpose of business to create a public exigency; air, exercise and recreation are important to the general health and welfare; pleasure travel may be accommodated as well as business travel; and highways may be condemned to places of pleasing natural scenery.

Background

According to the Adamson House
Adamson House
Adamson House, also known as Vaquero Hill, is a historic house and gardens in Malibu, California that has been called the "Taj Mahal of Tile" due to its extensive use of decorative ceramic tiles created by the Malibu Potteries. The house was built in 1930 for Rhoda Rindge Adamson and Merritt...

 tour guides:
In 1892, Henry Keller sold the 13000 acres (52.6 km²) Rancho Topanga Malibu Sequit
Rancho Topanga Malibu Sequit
Rancho Topanga Malibu Sequit was a Spanish land grant in present day Los Angeles County, California given by Spanish Governor José Joaquín de Arrillaga in 1804 to José Bartolomé Tapia.-History:...

 or 'Rancho Malibu' to May and Frederick H. Rindge, for a price variously reported as $10-$22 per acre. Keller, it is said, had acquired it for 10 cents an acre in 1854. Rindge, from Cambridge, Massachusetts, had recently inherited an estate of more than $2 million and moved to Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

, California, where he wrote a book called "Happy Days in Southern California." Then he looked for "a farm near the ocean, and under the lee of the mountain, with a trout brook, wild trees, a lake, good soil, and excellent climate." He found his farm in Malibu Canyon. He described the Malibu coast as the American Riviera.


May Rindge of Cambridge, Massachusetts formerly owned 17000 acres (68.8 km²) of ranch land that today is the city of Malibu, California. First, the Southern Pacific Railroad
Southern Pacific Railroad
The Southern Pacific Transportation Company , earlier Southern Pacific Railroad and Southern Pacific Company, and usually simply called the Southern Pacific or Espee, was an American railroad....

 tried to take her land, so, according to the city of Malibu:

Upon hearing of the Southern Pacific's plans, Mr. Rindge decided to build a private railroad through his ranch to keep the bigger railroad company out of his domain. A little-known law prevented duplication of an existing railroad line. Before any tracks could be laid, however, Mr. Rindge died. It was left to his widow to carry out his plans, which she did with 15 miles (24.1 km) of standard gauge tracks called the Hueneme, Malibu and Port Los Angeles Railway. May Rindge became its president and one of the few women ever to become president of a railroad.


The rails were later reused to build Rindge Dam
Rindge Dam
The -tall Rindge Dam on Malibu Creek is located in Malibu Creek State Park, about three miles from the coast of Malibu, California. It is situated just northeast of Malibu Canyon Road, from which it is only partially visible...

.

According to Malibu Complete,

The first wave of lawsuits for more access started in 1907 and were not settled fully until 1917 by which time both Federal and California state courts decided in Rindge's favor, that she could restrict access to roads crossing her private land, including the beach. However, that victory was upset in 1919 when Los Angeles County bowed to public pressure and used the courts to condemn the right-of-way and begin construction of a road. Mrs. Rindge continued the fight in court, and to resist survey and construction work, but merely delayed the road. Overcoming all of May Rindge's objections, the County Road through Malibu Ranch was finally opened for the public on November 3, 1921.

See also

  • List of United States Supreme Court cases, volume 262
  • 17 Mile Drive – A private scenic road on the California coast north of Malibu on the Monterey peninsula.
  • Berman v. Parker
    Berman v. Parker
    Berman v. Parker, is a landmark decision of the United States Supreme Court that interpreted the Fifth Amendment's Takings Clause: "nor shall private property be taken for public use, without just compensation" in the Fifth Amendment of the United States Constitution. The court voted 8-0, holding...

    – A later case (1954) in the Supreme Court regarding the power of eminent domain.

External links

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