East Niles Community Services District v. Pearson

GRIFFIN, P. J. This is an action by the East Niles Community Services District, a political subdivision of the State of California, to acquire for public use, by proceedings in eminent domain, an easement for pipeline purposes and the ownership in fee of a parcel of land for a tank site. Defendants Pearson, Johnston, Lake, Griggs, Reid and Watkins were the owners of 19/20ths of the land affected by the proceeding, and defendant Bradley, as administrator of the estate of Ethel B. Bradley, deceased, owned the remaining undivided l/20th interest therein.

The tank site consisted of a parcel 250 feet by 250 feet, or approximately 1% acres. As described in the original complaint, the right-of-way easement for pipeline purposes consisted of a strip of land contiguous to the tank site, 12 feet in width and approximately 180 feet in length. This was the description of the easement contained in the resolution of the board of directors of the East Niles Community Services District determining that the acquisition was necessary for public purposes.

Approximately one week after filing the complaint, the plaintiff district obtained an order for immediate possession and completed the construction and installation of the tank and pipeline connected thereto.

At the outset of the trial of the action, counsel for plaintiff district obtained a leave of court to amend the complaint by increasing the width of the easement from 12 feet to 30 feet. No resolution passed by the board of directors of said district determining that such an increase in the width of the easement was required for public use was ever offered in evidence or filed in the action, and counsel for the defendants in the trial court objected to the amendment. The real property affected by this proceeding is located to the southeast of Bakersfield [136]Country Club and is a part of a larger parcel consisting of 120 acres. The parties agreed that the highest and best use of the property is for potential subdivision. All of the defendants in the trial court contended in their answers to the complaint that severance damages would be sustained by reason of the taking of the property involved. The trial was before the court without a jury. An interlocutory judgment was entered in favor of the plaintiff, condemning for its use the property described in the complaint and in the amendment to the complaint, and awarded defendants $2,000 for the fee of real property taken (250 x 250-foot tank site) and the easement over the 30-foot strip of unused country land containing about 12/100ths of an acre, which was already burdened with a power line easement. The pipe crossing that strip connected with another main pipeline of plaintiff district. Five hundred dollars severance damage, plus interest and costs, were also included in the final order thereafter made.