United States v. Los Angeles County, Cal.

Good Law
163 F.2d 124·1947 U.S. App. LEXIS 2234
United States Court of Appeals for the Ninth CircuitAugust 15, 1947No. 10702California633 words

Opinion

Lead Opinion

Mathews, J.

On September 24, 1941, the United States, hereafter called the Government, commenced a proceeding for the condemnation of a tract of land, consisting of parcels A and B, in Los Angeles County, California, and filed in the proceeding a declaration of taking, signed by the authority empowered by law to acquire the tract, namely, the Secretary of the Navy, declaring that the tract was thereby taken for the use of the Government. 1 Parcel A was owned by Susanna Bixby Bryant. Parcel B was owned by Fred H. Bixby Company. The tract was crossed by a public road, called *125 the Anaheim Road, for which the County-owned an easement of right of way. Other easements in the tract were owned by Southern California Telephone Company and Associated Telephone Company.

On March 11, 1943, a judgment was entered awarding compensation as follows: To Fred H. Bixby Company, for parcel B, $284,219; to the County, for its easement, $16,282; to Southern California Telephone Company, for its easement, $5,653.69; to Associated Telephone Company, for its easement, $773.60. From so much of the judgment as relates to the County the Government and the County have appealed.

The $16,282 awarded to the County…

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