Los Angeles County Flood Control District v. Hansen

WOOD (W. J.), J.

Four actions, which were consolidated for trial, were commenced by Los Angeles County Flood Control District, on August 8, 1938, and subsequent dates to acquire by condemnation proceedings lands for the purpose of constructing and maintaining a dam and reservoir for the control and conservation of storm waters. Defendants were the owners of the fee or leasehold interest in the property sought to be condemned. Shortly after the actions were filed plaintiff took possession of the properties under court orders made by the court pursuant to the provisions of section 14, article I of the Constitution of California. The actions were brought to trial and judgments rendered in favor of the defendants for various sums. It is contended on this appeal that the trial court erred in refusing to allow interest on the awards from the date on which possession was taken by plaintiff to the date of the trial.

From the bill of exceptions it appears that it was stipulated by the parties that “the only issues to be submitted to the jury were (1) the market value, as of November 13, 1939,

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being the date of the trial of said cause of action, of the parcels of land, the fee of which was being condemned . . . (2) the severance damage, if any, caused by the taking of said parcels ... (3) the market value as of November 13, 1939 ... of the rock and gravel leases ... (4) the severance damages, if any, to the remainder of said leases. . . . ” From the bill of exceptions it also appears that “all of the issues presented by the trial of the above entitled consolidated causes were tried by the court except the issues hereinbefore recited which were tried by the jury.” After the verdict had been returned fixing the values in accordance with the issues submitted to them under the stipulation of the parties and before final submission of the cause, the defendants presented a motion to the trial court asking that, as just compensation for the taking of immediate possession of the properties, there be included in the judgment interest at the legal rate from August 17, 1938, this being the date upon which plaintiff commenced the construction of the dam. It is claimed that, although possession was taken of some of the parcels at later dates, all of the parcels became of no value to defendants when the construction was started on the dam. This motion was denied.