Sec.

561.

The power to appropriate.

562.

Rights subject to appropriation.

563.

Mode of appropriation.

564.

Time of passing of title.

565.

Cessation of public use.

Sec. 561. The power to appropriate

The power of the state to appropriate property for public use. upon payment of just compensation, may be exercised directly by the state itself, or the state may, in the exercise of the power, select particular agencies, either natural persons or corporations, on whom it confers the right to take private property for public use. Thus, the legislature may, and ordinarily does, authorize municipal corporations to appropriate or "condemn" land for street and other municipal purposes, and so it may authorize a railroad or irrigation company, or other private corporation, to appropriate property for its use, upon payment of just compensation, provided only the use for which it is appropriated is of a public character. This grant by the legislature of the right to exercise the power is frequently by means of a general statute operating in favor of the corporations of a particular class which may desire to exercise the right.1

The result of the exercise of the power in connection with land is to transfer to the state, or to the corporate body to which the power is delegated by the state, all or some of the rights in particular land previously vested in a particular individual, or in a number of individuals.

1. Randolph, Eminent Domain, Sec.Sec. 102-106; Lewis, Eminent Domain (3rd Ed.) Sec. 367 et seq.