County of San Benito v. Copper Mountain Mining Co.

California Court of Appeal May 21, 1935 No. Civ. 9533Published

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Holding. The court affirmed the condemnation judgment, holding that the trial court properly exercised its discretion regarding party substitution, that the condemnation for a national park was authorized by law, and that severance damages were not warranted because the mining claims were not part of the parcel being condemned.

Issues

Whether the trial court erred in denying a formal motion to intervene while allowing the successor in interest to defend in the name of the original party.
Whether the condemnation of land for a national park constitutes a valid public use.
Whether the defendant is entitled to severance damages for mining claims not part of the parcel being condemned.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We can see no error in the refusal of the trial court to permit this intervention.”

“A national park is as much a public park as any other park.”

“Appellants cite no authorities to the effect that severance damages may be awarded to one who is not the owner of the land sought to be condemned, and we have found none that uphold this doctrine.”

[84]

THE COURT.

This is an action by plaintiff to condemn, for a public park, a certain tract of land consisting of 160 acres. The action was commenced on February 1, 1930. The preliminary resolution was adopted January 15, 1929. In the complaint the names of the owners of the land were given as Copper Mountain Mining Company of California; R. L. Handy and W. W. Colquhoun, trustees for California Home Building Loan Company, a corporation; California Home Building Loan Company, a corporation; Olive A. Rivers and A. L. Crawford. Handy, Colquhoun and Crawford filed disclaimers; Olive A. Rivers answered, alleging a leasehold interest in the property. The Copper Mountain Mining Company answered alleging ownership of said land and ownership of certain mining claims in the immediate vicinity of the said land; that the land sought to be condemned was the only source of the only water available for the working of these mining claims; that the value of said land was $1,000,000 and that the damage for severance of said land from the mining claims was $300,000.

On June 22, 1933, in the Southern Division of the United States District Court, in and for the Northern District of California, a stipulated judgment was rendered in favor of the Titanic Copper Mountain Mining Company of Arizona and against the said Copper Mountain Mining Company of California, decreeing the title to all of the land herein sought to be condemned to be in the Titanic company. Thereafter, on June 26, 1933, the same being the date upon which this action was set for trial, the said Titanic corporation presented a motion to be permitted to intervene and answer. This proceeding culminated in an order by the court that the said Titanic Copper Mountain Mining Company be permitted to defend in the name of the Copper Mountain Mining Company of California, and for this purpose that the answer be amended to set forth the defenses pleaded in the answer of the said Titanic company. Thereupon the answer was so amended, served and filed. This amended answer alleged, among other things, that the said Titanic company by virtue of said decree was the owner of the 160 acres sought to be condemned; that the said Copper Mountain Mining Company was the owner of the said mining claims; that the said 160 acres had a market value of $1,000,000 and that the severance

[85]

County of San Benito v. Copper Mountain Mining Co.

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THE COURT.

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