State ex rel. State Public Works Board v. City of Los Angeles

In this eminent domain proceeding, the State of California, acting through the State Public Works Board pursuant to the Property Acquisition Law (Gov. Code, § 15850, et seq.), seeks to acquire by comdemnation real property which is owned by the City of Los Angeles and used for park purposes. The board seeks to acquire the property for use by the Sixth District Agricultural Association (now known as the California Museum of Science and Industry [Stats. 1967, ch. 15; Agr. Code, § 4101]) as a parking lot for the museum. The city appeals from the judgment in favor of the state.

Appellant contends that the condemnation of the property by the state (board) was not authorized by the Legislature, and that without such authorization the state cannot condemn property used by the city for park purposes.

The Property Acquisition Law is set forth in title 2, division 3, part 11, of the Government Code (§ 15850 et seq.).

Section 15853 provides in part that the board shall select and acquire, in the name and on behalf of the state, suitable and adequate real property for such purposes as may be speei- *932 ■ fied in the legislation making funds available for such acquisition.

Section 15854…