Hannon

I dissent.

The question is, Did the inaction of the plaintiff municipality for four years and seven months constitute an implied abandonment of the proceedings ? It must be conceded that the trial court had not lost jurisdiction by the delay, even though the delay of nearly five years may render the judgment erroneous. In determining the true effect to be given to. this unconscionable, unreasonable, and wholly unjust lapse of time, consideration must be given to the fact, first, that the right of eminent domain provided for by statute is in derogation of common right and therefore must be strictly construed. (Bensley v. Mountain Lake Water Co., 13 Cal. 306 [ 73 Am. Dec. 575 ]; Gilmer v. Lime Point, 19 Cal. 47 ; Trumpler v. Bemerly, 39 Cal. 490 ; Chase v. Putnam, 117 Cal. 368 [ 49 Pac. 204 ].)

A careful study of the statutes providing for the exercise of the right of eminent domain clearly indicates an intent on the part of the legislature to prevent any unreasonable delay. For example: In the Improvement Act of 1903, Statutes of 1903, page 376, section 9, it is provided: “the referees shall at once proceed to view the land sought to be condemned,” and, again [Stats. 1909, p.…

The plaintiff and respondent instituted this action in eminent domain on June 10, 1915, to condemn lands of the defendants for the purpose of opening and widening Long Beach Avenue, in the City of Los Angeles. Referees appointed by the superior court filed their report on June 18, 1918, awarding to the appellant the sum of $6,805.20 and $15 costs. To such report appellant filed exceptions, and a hearing before the court below was had on July 20, 1919, on which date the trial court ordered judgment in favor of Catherine Hannon in the sum of $9,640.70 for the land sought to be taken, $4,295.72 as compensation for consequent damages to other property, and costs. No further steps were taken until February 27, 1924, or about four years and seven months after the date on which the court had fixed the valuation. On the date last mentioned an interlocutory judgment, providing for the payment to appellant of the amounts so determined on July 20, 1919, was signed, and it was entered on March 10, 1924. In said judgment it was recited that the exceptions of the defendant Catherine Hannon to the report of the referees were well taken, and should be sustained in part; that the report should be…