Southern California Gas Co. v. City of Los Angeles

The city of Los Angeles constructed the La Ciénega and San Fernando Relief Sewer as part of a sewer construction program. A short section of this sewer line *716 passes under a narrow strip of land known as the County Strip located outside the city limits in an unincorporated area of the county of Los Angeles. To construct the sewer it was necessary to relocate gas lines of the Southern California Gas Company. The company agreed to relocate its gas lines in the County Strip subject to a later determination of its obligation to do so at its own expense. It conceded its obligation to relocate its lines at its own expense within the city limits but denied that it had the same obligation with respect to its lines located in the County Strip. After the work was completed it brought this action against the city to recover the costs incurred in relocating its County Strip lines and recovered judgment for $12,003.92 plus interest. The city appeals.

The company located its lines in the county pursuant to a county franchise. It is not disputed that this franchise constitutes a contract secured by the United States Constitution against impairment by subsequent state legislation (see County…

Although I agree with the conclusion reached in the opinion prepared by Mr. Justice Traynor, for the reasons hereinafter stated, I regret my inability to join in said opinion.

My views with respect to the application of article I, section 14, of the Constitution of California to the ordinary situation in which private property has been taken or damaged for a public use, have been stated many times in both majority, dissenting and concurring opinions which I have written as a member of this court (Rose v. State, 19 Cal.2d 713 [ 123 P.2d 505 ]; Bacich v. Board of Control, 23 Cal.2d 343 [ 144 P.2d 818]; Archer v. City of Los Angeles, 19 Cal.2d 19, 29 [ 119 P.2d 1 ] ; O’Hara v. Los Angeles County Flood etc. Dist., 19 Cal.2d 61, 64 [ 119 P.2d 23 ] ; House v. Los Angeles County Flood Control Dist., 25 Cal.2d 384, 398 [ 153 P.2d 950 ] ; Clement v. State Reclamation Board, 35 Cal.2d 628, 646 [ 220 P.2d 897 ]). It will be noted that in all of the cases above cited it was the position of the public agency which took the property or caused damage thereto, that the taking or damaging was done under the police power reserved to the state and its political subdivisions by article XI, section…

I dissent. I would affirm the judgment for the reasons stated by the District Court of Appeal in Southern California Gas Co. v. City of Los Angeles, (Cal.App.) 318 P.2d 735 .

Sehauer, J., concurred.

Respondent’s petition for a rehearing was denied September 24, 1958. Sehauer, J., and MeComb, J., were of the opinion that the petition should be granted.

The city of Los Angeles constructed the La Cienega and San Fernando Relief Sewer as part of a sewer construction program. A short section of this sewer line passes under a narrow strip of land known as the County Strip located outside the city limits in an unincorporated area of the county of Los Angeles. To construct the sewer it was necessary to relocate gas lines of the Southern California Gas Company. The company agreed to relocate its gas lines in the County Strip subject to a later determination of its obligation to do so at its own expense. It conceded its obligation to relocate its lines at its own expense within the city limits but denied that it had the same obligation with respect to its lines located in the County Strip. After the work was completed it brought this action against the city to recover the costs incurred in relocating its County Strip lines and recovered judgment for $12,003.92 plus interest. The city appeals.

[1] The company located its lines in the county pursuant to a county franchise. It is not disputed that this franchise constitutes a contract secured by the United States Constitution against impairment by subsequent state legislation…