Sloane
City of San Diego v. Sloane
Opinion
Opinion
Ault, J.
The City of San Diego initiated this action in eminent domain to acquire title to 8.56 acres of land which lie in and south of the San Diego River bed in the Mission Gorge region of San Diego County. The 8.56 acres, sought to be condemned, are a part of a larger parcel of land consisting of approximately 83 acres belonging to the same owners. A portion of the land to be taken (4.75 acres) lies in the southerly half of the riverbed, extending approximately 1,900 feet along the course of the river at an average width of 132 feet. The City of San Diego owns the northerly half of the riverbed, and the common line dividing the two properties near the center of the river is also the city limit of the City of San Diego. Crossing the riverbed, half on land already owned by the City and half on the land sought to be taken, is the old Padre Mission Dam. This dam was built in the early 1800’s and is now an historical landmark. It stands approximately 7 feet above the riverbed and is 106 feet in length. Throughout the year, at least some water flows over a breach near the top of the dam. At times, a significant volume of water flows over the dam, down the river, and on into the sea some 15…