Inglin

This action is in eminent domain, and the appeal is by the defendant from the judgment in condemnation entered upon the jury’s verdict.

The plaintiff is a reclamation district, entirely situated in Yolo County, organized as such under the laws of this state, the object for which it was organized being, as its name naturally implies, “to reclaim from overflow, flood, and seepage waters all the lands lying within the boundaries of said district. ’ ’

The defendant is the owner of a tract of land situated within the boundaries of said district, and it is alleged in the complaint that a certain specifically described strip of said land, consisting of 9.8 acres, is necessary as a “right of way ... to excavate, build, construct, repair and maintain canals, drains, levees, embankments, and other works necessary for the reclamation of the lands in said district, and also to ob tain material for the construction, maintenance, and repair thereof, and for the purpose of reclaiming the lands within said district from overflow and seepage waters.” The strip of land sought to be taken by this action and which was by the verdict and the judgment condemned for the purposes above indicated…