Marin Municipal Water District v. Marin Water & Power Co.

Under proceedings, and judgment, in eminent domain, plaintiff took possession of the property of the defendant so condemned, upon depositing the sum of one hundred thousand dollars, as required by the court, under the provisions of section 1254 of the Code of Civil Procedure. Thereafter the lower court modified its judgment, by increasing the amount allowed the defendant for a portion of the property taken. Plaintiff appeals from this modified judgment, and from two orders, made in connection with the disposition of the deposit.

Plaintiff, the Marin Municipal Water District, preparatory to a proceeding in eminent domain, filed with the Railroad Commission of the state of California a petition under the provisions of section 47 of the Public Utilities Act, asking the commission to fix and determine the compensation to be paid by the district for all the lands, property, and rights of defendant, the Marin Water and Power Company, connected with its business of selling water for domestic and other uses in Marin County. After due proceedings had, the commission filed its findings, wherein it determined that the just compensation to be paid for the property to be condemned was the sum…