State of Cal. Ex Rel. Dept. of Water Resources v. Natomas Co.

This is a condemnation action brought by the state to acquire property necessary for the Feather River Project in Butte County.

On May 10, 1961, the Director of the Department of Water Resources adopted a declaration basically providing: “ [I]t is necessary to acquire in the name of the State of California title in fee simple to certain parcels of real property in the County of Butte. ...” And that “ [P]ublie interest and necessity require the acquisition of the real property interest .. . for the construction, maintenance and operation ... by the State of the improvement for which the real property described herein is required. ...” And that “ [T]he real property interests herein described are necessary for such public improvement; [and] that it is necessary that all of said real property interests be taken therefor.” (Italics supplied.)

This declaration was concurred in by the California Water Commission.

On May 1, 1962, the Director of the Department of Water Resources adopted a supplemental declaration, stating in part: “[A] further investigation and study of the intended uses of the . . . real property interest have been made ...” and “. . . public interest and necessity…