Pacific Power Co. v. State

The action was brought in the superior court of. Mono County for the purpose of condemning certain lands alleged to be owned 'by the state and situated within the boundaries of a United States forest reserve, to wit, the Stanislaus Forest Reserve. The land is a portion of the southwest quarter of section 16, township 2 north, range 25 east, Mt. Diablo base and meridian, and was included in said forest reserve by proclamation of September 7, 1906. All of the lands sought to be condemned were surveyed lands at the time of the creation of said forest reserve, and the state has applied to the United States for other lands in lieu of the entire southwest quarter of said section, but such lands have not been listed to the state.

Appellant states in its reply brief that “the ease at bar is different from the Deseret ease in that the offer of the state was actually accepted by the United States and other lands in lieu of the greater portion of the lands here under consideration, were listed to the state prior to the commencement of this action.” In this statement appellant seems to be in error. The land described in the amended complaint is all located in the southwest quarter of said…