What is the test for determining whether a portion of land annexed by the California Board of Supervisors is public or private?
California, United States of America
The following excerpt is from Heller v. City Council of City of Seal Beach, 157 Cal.App.2d 441, 321 P.2d 97 (Cal. App. 1958):
'In 1934 in Shepherd v. Board of Supervisors, 137 Cal.App. 421 [30 P.2d 578], the court construed this amended version. There two-thirds of the territory to be annexed was public land and one-third private. The owners of a majority of the private land protested, but no protests were filed by the one public owner. The court held that the owners of more than one-half of the land sought to be annexed had not protested, and that, therefore, the annexation was valid and all land, public and private was properly considered in determining protests. The court there stated [137 Cal.App.] at pages 430-431 [30 P.2d at page 583]:
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