People v. Cunningham

FILES, J. This is a proceeding in eminent domain, in which certain defendants have appealed from the judgment. The sole issue here is whether the taking is for a public use.

Acting under the authority conferred by section 5006 of the Public Resources Code, the Director of the Department of Natural Resources issued a declaration that public interest [745]and necessity required the acquisition of the subject property for the extension, improvement and development of the Santa Monica Beach State Park. The property is adjacent to the existing park, and is intended to be used for additional automobile parking space in the park. This park is owned by the state, but since 1956 has been operated by the City of Santa Monica under a written contract which the department entered into pursuant to Public Resources Code, section 5007. This agreement obligates the city to maintain, operate and develop the property for recreational and park purposes, and forbids the city to use it for any purpose not enumerated in the agreement. The contract further requires that the property shall at all times be accessible and subject to the use and enjoyment of all citizens of the state, subject to rules and regulations to be promulgated by the city. Such rules must conform to and be consistent with the rules and regulations promulgated by the state and generally applicable to the State Park System. Any fees charged by the city for the use of the accommodations shall be limited to actual needs for care, maintenance and control; and “commercialization for profit shall not be engaged in by City. ’ ’

In operating this park the city has been charging fees not exceeding 75 cents per day for automobile parking. The parking fees are placed in a separate fund, which money is used only for the operation and maintenance of the park. These operational expenses include such items as employing lifeguards, cleaning the beach, and constructing and maintaining lifeguard stations and rest rooms.

After hearing the evidence the trial court made findings of fact that the property was sought to be condemned for a public use, and ordered a judgment for plaintiff whereby defendants were awarded damages in the amount which the jury found to be the fair market value. No question is raised as to the valuation.

Defendants’ contention is, as they state it, that “The State of California may not lawfully acquire land by condemnation for the purpose of turning over said land to a municipality to be operated by said municipality as a parking lot for profit. ’ ’