State ex rel. State Public Works Board v. City of Los Angeles

WOOD, P. J. In this eminent domain proceeding, the State of California, acting through the State Public Works Board pursuant to the Property Acquisition Law (Gov. Code, § 15850, et seq.), seeks to acquire by comdemnation real property which is owned by the City of Los Angeles and used for park purposes. The board seeks to acquire the property for use by the Sixth District Agricultural Association (now known as the California Museum of Science and Industry [Stats. 1967, ch. 15; Agr. Code, § 4101]) as a parking lot for the museum. The city appeals from the judgment in favor of the state.

Appellant contends that the condemnation of the property by the state (board) was not authorized by the Legislature, and that without such authorization the state cannot condemn property used by the city for park purposes.

The Property Acquisition Law is set forth in title 2, division 3, part 11, of the Government Code (§ 15850 et seq.).1

Section 15853 provides in part that the board shall select and acquire, in the name and on behalf of the state, suitable and adequate real property for such purposes as may be speei- [932]■ fied in the legislation making funds available for such acquisition.

Section 15854 provides for the condemnation of property by the board., and section 15855 provides that, before commencing comdemnation proceedings, the board shall adopt a resolution declaring that public interest and necessity require the acquisition. Section 15855 provides further that the resolution shall be conclusive evidence (a) of the public necessity of the proposed public improvement, (b) that the real property or interest therein is necessary for the improvement, and (c) that the improvement is planned or located in a manner which will be compatible with the greatest public good and the least private injury.

Section 15856 provides as follows: “In any condemnation proceeding brought for the acquisition of real property pursuant to this part, the use for which the property is condemned shall be deemed a public use more necessary than any other public use to which the property is devoted at the time the action is commenced. ’ ’

In the Budget Act of 1956 (Stats. 1957, ch. 1, pp. 3, 77) the Legislature’s appropriations included an appropriation (Item 361.1) as follows: “For acquisition and improvements of real property, Sixth District Agricultural Association, Fairs and Expositions Division, Department of Finance, to be expended under the provision of the Property Acquisition Law, payable from the State Park Fund . . . [$] 1,666,667. ...” Thereafter, the board2 passed a resolution pursuant to section 15855, declaring that the public interest and necessity require the acquisition of the property in question. There are findings, supported by evidence, that the resolution complied with the provisions of said section. There is no dispute that the city was using the property for park purposes, and it was stipulated that the fair market value of the property is $142,000. Appellant states in its brief that there appears to be no factual dispute involved in this appeal.