CHAPTER IV. General Rights of the State over Property. $ 40. Original and ultimate title. $ 41. Property escheats, when. $42. Intruders on public lands of the State. 40. The original and ultimate right to all property, real and personal, within the limits of this State, is in the people thereof. Ownership of property-by State, Civil Code, § 669. 41. All property, real and personal, within the limits of this State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people. Lands owned by State-Civil Code, $ 670. Waste or ungranted lands of State-removal of intruder upon, $ 42. Escheated estates-see Code Civ. Proc., $$ 1269-1272. Non-resident aliens, rights in general, 2 Cal. 558; 5 Cal. 373, 381; 6 Cal. 250; 12 Cal. 450; 13 Cal. 159; 18 Cal. 217; 26 Cal. 455; 32 Cal. 376; unclaimed realty of, escheats to State, Civil Code, $$ 672, 1404-5; 5 Cal. 373; 13 Cal. 159; My. P. R. 19. Duty of Controller as to, § 437. Duty of AttorneyGeneral as to, § 474. 42. If any person, under any pretense of any claim iuconsistent with the sovereignty and jurisdiction of the State, intrudes upon any of the waste or ungranted lands of the State, the District Attorney of the county must immediately report the same to the Governor, who must thereupon, by a written order, direct the Sheriff of the county to remove the intruder; and if resistance to the execution of the order is made or threatened, the Sheriff may call to his aid the power of the county, as in cases of resistance to the writs of the people. Sovereignty and Jurisdiction of State-§ 33. Sheriff of the county-duties, liabilities, etc., $$ 4175-4193; may call to his aid the power of the county; see § 4176, subd. 5. 43. The State may acquire property by taxation in the modes authorized by law. Revenue and taxation-Const. Cal., art. 13, §§ 1-13; see Desty's Const. Cal. 336-355; also this Code, $$ 3607-3900. 44. It may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the mode provided in Title VII., Part III., of THE CODE OF CIVIL PROCEDURE. Eminent domain-see Code Civ. Proc., $$ 1237-1263: also Desty's Const. Cal. 194-199. Generally. Civil Code, $ 1001; Desty's Const. Cal. 194; nature of right, 18 Cal. 229; power of court, 47 Cal. 70; public necessity, 18 Cal. 229; 51 Cal. 269; enumerated uses, 51 Cal. 269. Corporations subject to, Const. Cal., art. 12, §8. Water frontages, subject to, Const. Cal., art. 15, § 1. Compensation-obligatory, generally, 3 Cal. 69; 4 Cal. 414; 14 Cal. 106; 16 Cal. 153, 248; 18 Cal. 229; 19 Cal. 47; 22 Cal. 251, 434; 23 Cal. 323; 24 Cal. 427; 27 Cal. 171, 613; 28 Cal. 315, 662; 31 Cal. 215, 406; 32 Cal. 241, 500; 43 Cal. 79; 47 Cal. 541; 51 Cal. 577; 54 Cal. 430; further see Desty's Const. Cal. 197. Before possession, payment required, by Const. Cal., art. 1, § 14; see also 54 Cal. 324; previous rulings to similar effect, 4 Cal. 116; 7 Cal. 121, 577; 9 Cal. 595; 12 Cal. 500; 13 Cal. 306; 14 Cal. 106; 29 Cal. 112; 44 Cal. 52; 47 Cal. 517; 50 Cal. 284; 51 Cal. 266; 53 Cal. 208; but held otherwise in 31 Cal. 638. TITLE II. Persons Composing the People of the State. $ 50. Who are the people. $51. Who are citizens. $ 52. Residence, rules for determining. 50. The people, as a political body, consist: 1. Of citizens who are electors; 2. Of citizens not electors. Electors-eligibility to office, § 58; rights and duties, § 59; qualifications and disabilities of, $$ 1083, 1084; registration of, $$ 1094-1117 Elections-SS 1041-1365. 51. The citizens of the State are: 1. All persons born in this State and residing within it, except the children of transient aliens and of alien public ministers and consuls; 2. All persons born out of this State who are citizens of the United States and residing within this State. Residence-rules for determining, § 52. Citizens-allegiance of, §§ 55, 56; when qualified electors, $$ 1083, 1084. Persons not citizens-§§ 57, 60, also $ 54. SUBDIVISION 2. Citizens of the United States - naturalization laws; see Revised Stats. U. S. $$ 2165-2174. Naturalization papers, where procured; see Const. Cal., art. 6, § 5. Decisions concerning naturalization, 5 Cal. 300; 22 Cal. 83; 39 Cal. 98. Declaration of intention may be made before Clerk as well as Court; see 19 U. S. Stats., p. 2, amdt. approved Feb. 1, 1876. 52. Every person has, in law, a residence. In determining the place of residence the following rules are to be observed: 1. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose; 2. There can only be one residence; 3. A residence cannot be lost until another is gained; 4. The residence of the father during his life, and after his death the residence of the mother, while she remains unmarried, is the residence of the unmarried minor child; 5. The residence of the husband is the residence of the wife; 6. The residence of an unmarried minor who has a parent living cannot be changed by either his own act or that of his guardian; 7. The residence can be changed only by the union of act and intent. Residence for purposes of voting-rules for determining, § 1239. Absence from State-on official business, does not affect question of residence, Const. Cal., art. 20, $ 12. Resident foreigners-if eligible to citizenship, etc., secured in their property rights, Const. Cal., art. 1, § 17. RULES FOR DETERMINING PLACE OF RESIDENCE. SUBDIVISION 1. Permanent abode-homestead, residence requisite for, Civil Code, § 1237; 6 Cal. 625; 7 Cal, 89, 245; 33 Cal. 220; 35 Cal. 319; 41 Cal. 83; 45 Cal. 58; 52 Cal. 629, 630. SUBDIVISION 4. Residence of unmarried minor-compare subd. 6 and note. SUBDIVISION 5. Same residence for wife-as for husband. Divorce, rule inapplicable to actions for: see Civil Code, $ 129. Right of husband to select wife's residence, Civil Code, $$.103, 104, 156. Length of residence required for divorce, Civil Code, § 128. SUBDIVISION 6. Residence of unmarried minor-power of guardian to fix residence of ward, Civil Code, § 248. When parent may change residence of child, Civil Code, § 213. |