People Ex Rel. Department of Public Works v. Hartley

CONLEY, P. J.

This is an appeal by Charles Hartley from a judgment in condemnation which decreed that certain other defendants, Simon’s Beverly, Inc., a corporation, William A. White, Etta I. White, Louis H. Herrin and Kern

[379]

County, should receive a total sum of $7,500 for the taking in eminent domain of a parcel of property located near Lebec for state highway maintenance station purposes. The judgment held that defendant Charles Hartley had no right, title or interest in, or lien or claim upon, the property and that he should take nothing by reason of the action.

Mr. Hartley is represented by counsel on appeal, but he tried his own case in the superior court. Although doubtless an excellent cattleman, Mr. Hartley’s knowledge of legal rules and procedures proved somewhat deficient; the record is full of gaps and uncertainties, but in every instance we have given the appellant the benefit of any doubt by adopting his theory of what the evidence shows. It will be unnecessary, however, to examine all of appellant’s points and suggestions, for it appears to this court, after a complete examination of the record in the light of applicable legal principles, that the trial judge was correct in holding that Mr. Hartley had no compensable right in the premises and that the judgment that he take nothing by his answer is legally unassailable.

The land in question was owned by Simon’s Beverly, Inc. Prior to the institution of the condemnation suit the owner had entered into an oral lease with appellant for his use of the land in connection with cattle raising. Mr. Hartley planted some alfalfa on the real property. The record leaves this court in doubt as to the exact nature and incidents of the lease. Certain it is that Mr. Hartley did not pay any money rental, but he claimed that he gave valuable consideration by promising to keep the land free from weeds and in good order. We shall assume that appellant’s description of the leasehold in his brief is correct for the purpose of testing his claim to participation in the award. Mr. Hartley contends that an oral lease was granted him in November of 1959 for the period of one year, so that it would terminate in November of 1960. In the meantime, the condemnation suit was instituted, and the summons issued in January of 1960; the ease was not tried until November of 1961. We thus have a situation in which the oral lease contended for by the appellant was ended through the expiration of its term approximately one year before the actual trial of the case and the possession of the lessee was not interfered with in the slightest. In other words, the lessee enjoyed the full term of his lease without let or hindrance from the condemning party, and the lessee suffered no loss by reason of the commence