People ex rel. Department of Public Works v. Williams

Both parties appeal. Each limits his appeal to issues concerning interest upon the award.

We find no merit whatever in the state’s contention that failure to file a claim with the state bars recovery of any prejudgment interest. Interest is but an incident of the award made to an owner in a condemnation action. The state, and not the owner, initiated this proceeding in *982 eminent domain, thus seeking a fixing of the award and, obviously, undertaking to pay it when fixed. To require filing of a claim would be to reverse the roles of the parties, and to assumd that the action originated in a demand by the owner.

The decision relied upon by the state (County of San Luis Obispo v. Ranchita Cattle Co., 16 Cal.App.3d 383 [ 94 Cal.Rptr. 73 ]) has no application here. There the owner asserted that the condemner had exceeded the use permitted under a limited right of entry agreement. The asserted trespass occurred before the filing of the action in eminent domain. Obviously, damages for such trespass were independent of the condemnation proceeding, which was not begun until after the trespass occurred. It seems clear that this claim was independent of the condemnation action,…