Arques

Arques v. State

Good Law
18 Cal. Rptr. 397·1962 Cal. App. LEXIS 2826·199 Cal. App. 2d 255
Court of Appeal of CaliforniaJanuary 18, 1962Civ. No. 19549California1,317 words

Opinion

Lead Opinion

Draper, J.

Although several defendants were sued, this case went to the jury as an action in inverse condemnation against the state only. The jury returned a special verdict answering “no” to the question “Was the real property of the plaintiff . . . damaged by the defendant State of Cali *256 fornia for a public use?”, and returned a general verdict for defendant. Plaintiff appeals from the judgment then entered.

Plaintiff owned some 22 acres of land along the Sausalito waterfront and extending some distance easterly below the waters of San Francisco Bay. The property was used for ship building purposes (Marinship) during World War II, and its 14 acres of submerged land included slipways and a channel leading to a turning basin. To the west of plaintiff's land, foothills rise sharply, constituting a watershed of some 156 acres, which drains into the bay over Ms property. The Waldo approach to the Golden Gate Bridge crosses this watershed. Built in 1937, this portion of Highway 101 was widened and improved by contract under which work began in the fall of 1953 and continued to March 22, 1955. In the course of such work, additional cuts and fills were made along the Waldo grade. In the…

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