Edward Terry Sanford

“ Authorized Public Use. The nature of a use, whether public or private, is ultimately a judicial question. However the determination of this question is influenced by local conditions; and this court, while enforcing the Fourteenth Amendment, should keep in view the diversity of such conditions and regard with great respect the judgments of state courts upon what should be deemed public uses in any state. ”

“ This argument is based upon the fact that they extend through the ranch alone, the main road terminating within its boundaries, and connect with no other public roads at their western and northern ends. These roads will, however, be open to the general public to such extent as it can and may use it. The people to the eastward in Santa Monica, Los Angeles and other cities will have access to them and to the people living on the ranch through the connecting road from Santa Monica. The people living on the ranch will have egress over them. ”

“ We therefore conclude that the property of the ranch owners has been taken for highways constituting a public use authorized by law, and upon a public necessity for the taking duly established, and that they have not been deprived of their property in violation of the Fourteenth Amendment. ”

“ Thus, the condemnation of lands for public parks is now universally recognized as a taking for public use. Shoemaker v. United States, 147 U.S. 282, 297, 13 Sup. Ct. 361, 37 L. Ed. 170. 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. ”

“ The people living north of the terminus of the crossroad, who now have no adequate outlet will have access to it through private roads and ways and may then travel over these two roads to Los Angeles and other cities for marketing produce and other purposes ”