Parachini

This eminent domain proceeding was brought to acquire an easement 350 feet in width across defendants’ cattle ranch for two 500 kilovolt transmission lines, on a route between the Diablo Canyon generating site in San Luis Obispo County and the Gates substation near Coalinga. After a jury trial, a judgment was entered on August 7, 1970 that plaintiff was entitled to take the easement upon payment of $30,800 to defendants. A final order of condemnation was entered the same day. Defendants are appealing from both the judgment and the order.

*162 Defendants’ first two contentions are that the trial court lacked jurisdiction, and that plaintiff failed to prove necessity for the taking. Some background is necessary to put these arguments into context.

On December 23, 1966, plaintiff, applied to the Public Utilities Commission of California for a certificate of public convenience and necessity under section 1001 of the Public Utilities Code to construct and operate a nuclear fueled power plant at a site in Diablo Canyon. Hearings were held on this application and, on November 7, 1967, the Commission handed down its decision No. 73278, containing an interim order that a…

I concur in the judgment in this case, on the facts shown by the record before us; but I think it should be clear that to allow condemnation of a right-of-way on the showing of potential public use herein made is not to say that condemnation of a greater interest in land should be allowed on the same kind of showing.

The history of approval of atomic generating units is not such as to make me as sanguine as my colleagues that the next (third) unit will be approved. But the trial court has held, on facts not here open to question, that the land is fundamentally ranch land. That being so, an unused easement should cause the defendants only minimal damage — damage which, on this record, the trial court could find was off-set by the public benefit. This case stands for no more; on that basis I concur in the judgment of affirmance.

Appellants’ petition for a hearing by the Supreme Court was denied March 1, 1973. Tobriner, J., did not participate therein. Mosk, J., was of the opinion that the petition should be granted.

On June 20, 1973, the Supreme Court granted appellants’ petition for .hearing following the Court of Appeal’s denial of a motion to recall its remittitur and the…

This eminent domain proceeding was brought to acquire an easement 350 feet in width across defendants' cattle ranch for two 500 kilovolt transmission lines, on a route between the Diablo Canyon generating site in San Luis Obispo County and the Gates substation near Coalinga. After a jury trial, a judgment was entered on August 7, 1970 that plaintiff was entitled to take the easement upon payment of $30,800 to defendants. A final order of condemnation was entered the same day. Defendants are appealing from both the judgment and the order.

Defendants' first two contentions are that the trial court lacked jurisdiction, and that plaintiff failed to prove necessity for the taking. Some background is necessary to put these arguments into context.

On December 23, 1966, plaintiff applied to the Public Utilities Commission of California for a certificate of public convenience and necessity under section 1001 of the Public Utilities Code to construct and operate a nuclear fueled power plant at a site in Diablo Canyon. Hearings were held on this application and, on November 7, 1967, the Commission handed down its decision No. 73278, containing an interim order that a…