Anaheim Union High School District v. Vieira

KERRIGAN, J.

The school district initiated an action in eminent domain in July 1963 for the purpose of acquiring title to 20 acres of land for a school site. The defendant, Hope Vieira, is the owner of an undivided one-half interest in the subject property and the remaining interest is held by the defendant, Security-First National Bank of Los Angeles, as trustee of an estate. The case proceeded to trial before the court, sitting without a jury, in March 1964 on the sole

[171]

preliminary issue as to whether the plaintiff had an intention of devoting the property to a public use, with the defendant Vieira contending that the school district had no intention of utilizing the land for school purposes within a reasonable period of time, and was thus precluded from taking the property.

The trial court determined that the resolution of the school board directing the acquisition of the property was conclusive as to the issue of public necessity. Experts in the field of school expansion and planning indicated that the school would be needed and constructed by the year 1967. No evidence was introduced indicating any bad faith or fraud on the part of the school district in seeking to acquire the property.

The trial court found that the condemner did not intend to devote the land to a public use within a reasonable period of time, and entered judgment in favor of the defendant, Vieira. The coowner, Security-First National Bank, did not contest the “necessity” or “use” issues and was therefore not affected by the said judgment.

The salient issue herein involved is whether the trial court erred in ruling that the school district could not condemn the property for school purposes because the condemner did not intend to commence construction of a junior high school for a period of four years.

The power of eminent domain is an inherent attribute of sovereignty.

(County of San Mateo

v.

Coburn,

130 Cal. 631 [63 P. 78, 621].) The only limitations placed upon the exercise of the right of eminent domain are those imposed by article I, section 14, of the California Constitution and the Fourteenth Amendment of the United States Constitution, which require that the taking of private property by a governmental agency be for a “public use” and that “just compensation” be paid for such taking.