Pearson

This is an action by the East Niles Community Services District, a political subdivision of the State of California, to acquire for public use, by proceedings in eminent domain, an easement for pipeline purposes and the ownership in fee of a parcel of land for a tank site. Defendants Pearson, Johnston, Lake, Griggs, Reid and Watkins were the owners of 19/20ths of the land affected by the proceeding, and defendant Bradley, as administrator of the estate of Ethel B. Bradley, deceased, owned the remaining undivided l/20th interest therein.

The tank site consisted of a parcel 250 feet by 250 feet, or approximately 1% acres. As described in the original complaint, the right-of-way easement for pipeline purposes consisted of a strip of land contiguous to the tank site, 12 feet in width and approximately 180 feet in length. This was the description of the easement contained in the resolution of the board of directors of the East Niles Community Services District determining that the acquisition was necessary for public purposes.

Approximately one week after filing the complaint, the plaintiff district obtained an order for immediate possession and completed the construction and…