Cunningham

This is a proceeding in eminent domain, in which certain defendants have appealed from the judgment. The sole issue here is whether the taking is for a public use.

Acting under the authority conferred by section 5006 of the Public Resources Code, the Director of the Department of Natural Resources issued a declaration that public interest *745 and necessity required the acquisition of the subject property for the extension, improvement and development of the Santa Monica Beach State Park. The property is adjacent to the existing park, and is intended to be used for additional automobile parking space in the park. This park is owned by the state, but since 1956 has been operated by the City of Santa Monica under a written contract which the department entered into pursuant to Public Resources Code, section 5007. This agreement obligates the city to maintain, operate and develop the property for recreational and park purposes, and forbids the city to use it for any purpose not enumerated in the agreement. The contract further requires that the property shall at all times be accessible and subject to the use and enjoyment of all citizens of the state, subject to rules and…