Bennett

Orange County Water District v. Bennett

Good Law
156 Cal. App. 2d 745·1958 Cal. App. LEXIS 2479·320 P.2d 536
Court of Appeal of CaliforniaJanuary 16, 1958Civ. 5709California2,595 words

Opinion

Opinion

Mussell, J.

This is an action in eminent domain in which plaintiff secured a judgment condemning approximately 66 acres of defendant’s property in Orange County for the purpose of constructing and completing a spreading ground to replenish the underground water basin within said district and to augment the water supplies thereof. Defendant appeals from the judgment condemning the property and awarding her the sum of $262,800, and from an order authorizing plaintiff to take possession of the property after judgment and pending the final conclusion of the action.

Appellant’s first contention is that the finding of public use is not supported by evidence. This contention is without merit.

In Bauer v. County of Ventura, 45 Cal.2d 276, 284 [ 289 P.2d 1 ], the court defined “public use” within the meaning of article I, section 14, of the California Constitution as a use which concerns the whole community or promotes the general interest in its relation to any legitimate object of government, and in that case it was held that the ordinary taking of private property for the purpose of constructing storm drainage systems was a taking for a public use.

In Miller v. City of Palo Alto, 208 Cal. 74, 77…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.