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General Rights of the State Over Property.
$ 40. Original and ultimate title.
$ 41. Property escheats, when.
$ 12. Intruders on public lands of the state.

43. Acquisition by taxation and assessment.

§ 44. By right of eminent domain. § 40. Original and ultimate title. 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: Civ. Code, $$ 669, 670.
Property escheats, when: Post, $ 41.
Eminent domain: Post, § 44.

Legislation $ 40. Enacted March 12, 1872. § 41. Property escheats, when. 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: Civ. Code, $$ 669, 670.
Escheated estates: See Code Civ. Proc., $$ 1269–1272.
Unclaimed realty of aliens:

1. Escheats to state: Civ. Code, 88 672, 1404, 1405.
2. Duty of controller as to: Post, $ 437.

3. Duty of attorney-general as to: Post, $ 474.
Legislation & 41. Enacted March 12, 1872.
$ 42. Intruders on public lands of the state.

If any person, under any pretense of any claim inconsistent with the sovereignty and jurisdietion 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 tbe people.

Sheriff may call to his aid power of county: Post, $ 4157.

Legislation § 42. Enacted March 12, 1872. § 13. Acquisition by taxation and assessment. The state may acquire property by taxation in the modes authorized by law.

Revenue and taxation: Const., art. XIII, 98 1-13; post, $$ 3607–3900. Legislation § 43. Enacted March 12, 1872.

44. By right of eminent domain. 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 seven, part three of the Code of Civil Procedure. Eminent domain:

1. As to, generally, see Code Civ. Proc., $$ 1237-1263.
2. Corporations subject to: Const., art. XII, § 8.

3. Water frontages subject to: Const., art. XV, $ 1. Legislation & 44. Enacted March 12, 1872.


Persons Composing the People of the State.

$ 50. Who are the people.
$ 51. Who are citizens.

$ 52. Residence, rules for determining. $ 50. Who are the people. The people, as a political body, consist: 1. Of citizens who are electors; 2. Of citizens not electors.

Sovereignty resides in the people: Ante, $ 30.

Legislation $ 50. Enacted March 12, 1872. § 51. Who are citizens. 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.


1. Allegiance of: Post, $$ 55, 56.

2. When qualified electors: Post, $$ 1083, 1084. Persons not citizens: Post, $8 54, 57, 60. Allegiance, defined: Post, $$ 55, 56.

Legislation & 51. Enacted March 12, 1872. $ 52. Residence, rules for determining. 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: Post, § 1239; Const., art. II, § 4.

Absence from state on official business does not affect question of residence: Const., art. XX, $ 12.

Divorce. Presumptions of law not applicable in actions for: See Civ. Code, $ 129.

Right of husband to select wife's residence: Civ. Code, $$ 103, 104, 156. Residence of unmarried minor:

1. Power of guardian to fix residence of ward: Code Civ. Proc., $ 1753.

2. When parent may change residence of child: Civ. Code, $ 213. Legislation g 52. Enácted March 12, 1872.


Political Rights and Duties of All Persons Subject to the Juris

diction of the State.

$ 54. All persons within the state subject to its jurisdiction.
$ 55. Allegiance.
$ 56. Allegiance may be renounced.
$ 57. Persons not citizens.
$ 58. Eligibility to office.
$ 59. Rights and duties of citizens not electors.

$ 60. Rights and duties of citizens of other states.
$ 54. All persons within the state subject to its jurisdiction. Every
person while within this state is subject to its jurisdiction and entitled
to its protection.

Rights of state over persons within its limits: Ante, $ 37.

Legislation $ 54. Enacted March 12, 1872. $ 55. Allegiance. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state.

Legislation § 55. Enacted March 12, 1872. $ 56. Allegiance may be renounced. Allegiance may be renounced by a change of residence.

Residence, rules for determining place of: Ante, $ 52.

Legislation $ 56. Enacted March 12, 1872.
$57. Persons not citizens. Persons in the state not its citizens are

1. Citizens of other states; or,
2. Aliens.

Subd. 1. Citizens of other states: See post, $ 60.
Subd. 2. Aliens, resident, control of property by: Const., art. I, $ 17.
With respect to rights of resident aliens, see ante, $ 54; Civ. Code,
$$ 671, 1104.

Non-residents, general rights and unclaimed realty of: See ante, $ 41, and notes.

Legislation & 57. Enacted March 12, 1872.
$58. Eligibility to office. Every elector is eligible to the office for
shich he is an elector, except where otherwise specially provided; and
10 person is eligible who is not such an elector, except when otherwise
specially provided. [Amendment approved 1891; Stats. 1891, p. 29.]

Qualified elector, who is: Post, $ 1083.
Ineligible to office, persons who are: Post, $$ 811, 842.
Legislation $ 58. 1. Enacted March 12, 1872. Amended by Stats.
1891, p. 29.

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$ 59. Rights and duties of citizens not electors. An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office.

Legislation § 59. Enacted March 12, 1872. $ 60. Rights and duties of citizens of other states. A citizen of the United States who is not a citizen of this state, has the same rights and duties as a citizen of this state not an elector.

Legislation § 60. Enacted March 12, 1872.






$ 145.


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