Opinion

Clement v. State Reclamation Board

  • 35 Cal. 2d 628
  • 220 P.2d 897
  • 1950 Cal. LEXIS 371
Court
California Supreme Court
Filed
Aug 2, 1950
Status
Published
Author
Schauer
On the bench
Traynor, Schauer
Cited by
91 cases
Authority
More cited than 6.9%

noting that a “new condition will be regarded as though it were a natural one, its artificial origin being then disregarded by the law,” only if, among other elements, “the creator of the artificial condition intended it to be permanent” (emphasis in original)

How later courts described this case

  • noting that a “new condition will be regarded as though it were a natural one, its artificial origin being then disregarded by the law,” only if, among other elements, “the creator of the artificial condition intended it to be permanent” (emphasis in original)

Written by the judges who cited it.

The opinion

SCHAUER, J.

I concur in the judgment and in the discussion by Mr. Justice Traynor except insofar as such discussion appears to support the police power-cZumrotro absque injuria doctrine enunciated in Archer v. City of Los Angeles (1941), 19 Cal.2d 19 [ 119 P.2d 1 ], and in O’Hara v. Los Angeles County Flood Control Dist. (1941), 19 Cal.2d 61 [ 119 P.2d 23 ]. I would prefer, with Mr. Justice Carter, to overrule the holdings of the Archer and O’Hara cases in respect to the mentioned doctrine.

Respondents’ petition for a rehearing was denied August 31,1950.

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.

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