City of North Sacramento v. Citizens Utilities Co.

Respondent City of North Sacramento (hereinafter the “city”) instituted condemnation proceedings, under the Public Utilities Code (§ 1401 et seq.) to acquire the water system supplying its, citizens. This system was owned by appellant, Citizens Utilities Company of California (hereinafter sometimes the “utility”).' The proceedings ultimately reached a “final” order of condemnation under which the city was declared to be the owner of, and was granted possession to, the properties condemned, after it had deposited with the clerk of the court the sum of. $2,206,000 plus costs. This sum .was the amount originally 'fixed as “just compensation” by the Public Utilities Commission and thereafter included by the superior court in the interlocutory judgment of condemnation.

The question on this appeal from said “final” order of condemnation is whether the trial court erred in issuing said order and in putting the city into possession without exacting, as a condition precedent thereto, payment of 7 per cent interest on the $2,206,000 from the, date of said interlocutory judgment (November 5, 1959) to the date when possession was taken. (It was agreed by the parties during oral argument that…