Opinion

Knudson v. Kearney

  • 171 Cal. 250
  • 152 P. 541
  • 1915 Cal. LEXIS 616
Court
California Supreme Court
Filed
Oct 18, 1915
Status
Published
Author
Melvin
On the bench
Melvin, Shaw
Cited by
17 cases
Authority
More cited than 35.0%

Overruled by City of Berkeley v. Superior Court, 26 Cal. 3d 515 (1980)

Later courts went against this

  • Overruled by City of Berkeley v. Superior Court, 26 Cal. 3d 515 (1980)

    Returning to City of Berkeley, in which the California Supreme Court overturned two prior opinions that had held that deeds issued by the California Board of Tide Land Commissioners pursuant to an 1870 legislative act conveyed absolute title to the grantees, 162 Cal.Rptr. at 337-38, 606 P.2d at 372-73 (overruling Knudson v. Kearney, 171 Cal. 250, 152 P. 541 (1915) and Alameda Conservation Ass’n v. City of Alameda, 26…
    California Supreme CourtFeb 22, 19802 citing opinionsRead it

The opinion

MELVIN, J.

I concur in the conclusion reached by Mr. Justice Shaw, and generally with what he says in reference to the power of the state, acting through a commission to sell

*254

certain of its tide-lands, reserving no part of the fee nor dominion over them for purposes of navigation and fishery. I do not wish to be understood, however, as assenting to the reasoning and conclusions in

People

v.

California Fish Co.,

166 Cal. 575 , [ 138 Pac. 79 ], and the other cases disposing of the title to the tide-lands at San Pedro and in that vicinity. In other words, I still completely concur in the views of Mr. Justiee Henshaw expressed in the dissenting opinion in

People

v.

Southern Pac. R. R. Co.,

166 Cal. 621 , [ 138 Pac. 94 ].

Lorigan, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.