Drinkhouse

I dissent from the judgment.

I concur in the opinion of Mr. Justice De Haven, except as to the two points upon which the judgment is reversed.

1. I think the objection to the question asked Mrs. Drinkhouse about her opinion as to the value of the land was properly sustained. The only knowledge she showed upon the subject was her knowledge of what “the water company has paid other people.” But if—as is admitted —what the company paid other people for other lands could not be received in evidence, how could the knowledge of what they so paid be a proper foundation for allowing the opinion of the witness ?

2. It is doubtful if the question asked Howard, “ Do you know what the value of that land is down there for reservoir purposes?” referred to the land involved in this action. The questions immediately preceding it referred to another piece of land called the Sherwood tract, which plaintiff had purchased; and defendant had been trying to find out what plaintiff had paid for that tract. But assuming that the land “down there” may have meant the land of defendant, it is plain from the whole course of the examination, that defendant was seeking to show what the land was worth to…

The respondent is a corporation organized under the laws of this state for the purpose of supplying the city and county of San Francisco and its inhabitants with water, and is engaged in that business. This action is brought to condemn certain land of the defendant as part of a reservoir site, and which is alleged by the plaintiff to be necessary for it in the prosecution of the said business for which plaintiff was created. The answer of defendant, among other things, denies that such intended use of the land sought to be taken is a public use, or that the same was necessary for the purpose of enabling plaintiff to effect the purpose for which it was created.

1. It was held by this court in the case of Lake Pleasanton Water Co. v. Contra Costa Water Co., 67 Cal. 659 , in construing sections 1238 and 1239 of the Code of Civil Procedure, that the power of eminent domain extended to the taking of land for such purposes as are named in the complaint in this action. We there said: “The supplying of inhabitants of an incorporated city with pure, fresh water is, by section 1238, declared to be a public use, in behalf of which the right of eminent domain may be exercised, and section…

The court erred in not permitting the witness Howard to answer the questions: “ Do- you know what the value of that land is down there for reservoir purposes? Have you any means of knowing the value of this land for reservoir purposes?”

The “just compensation” which is guaranteed to the owner whose property is to be taken or damaged for public use is its market value, and the market value of land is determined by a consideration of all of the uses to which it may be applied, as well as the purposes for which it is adapted. For the purpose of ascertaining this value, it is proper to show its condition and surroundings, the uses to which it has been applied, and its capabilities for other uses, including that for which its condemnation is sought. Its value is not limited, either by that of its present use, or by the use for which it is sought, since either of these may be less than its actual market value. The owner is entitled to its highest market value for any use to which it is adapted, and any advantage that the property has, present or prospective, by virtue of its position, and for which it may be available, constitutes an element in its value, which is to be considered by…