City of Los Angeles v. Frew

294 P.2d 1073, 139 Cal. App. 2d 859, 1956 Cal. App. LEXIS 2193
CourtCalifornia Court of Appeal
DecidedMarch 16, 1956
DocketCiv. 4950
StatusPublished
Cited by22 cases

This text of 294 P.2d 1073 (City of Los Angeles v. Frew) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Los Angeles v. Frew, 294 P.2d 1073, 139 Cal. App. 2d 859, 1956 Cal. App. LEXIS 2193 (Cal. Ct. App. 1956).

Opinion

MUSSELL, J.

This is a proceeding in condemnation in which the appellants, City of Los Angeles and Department of Water and Power of said city, obtained an interlocutory judgment condemning a right of way easement for electrical transmission lines through a section of farm land in Kern *861 County, owned by the defendants. The land sought to be condemned is described in the complaint as Parcel 88 and is 250 feet wide and 6,032.29 feet long. It extends diagonally through Section 32, Township 10 north, Range 13 west, S.B.B. & M., crossing the northerly line of Section 32 about 900 feet westerly of the northeast corner thereof and angles southwesterly until it crosses the south line of the section about 1,300 feet easterly of the southwest corner. The appellants took immediate possession by ex parte order and constructed its first line of six towers and a permanent hardpack road along the entire right of way. The towers vary in height from 76 to 91 feet and the sides of their bases vary from 27 feet 2% inches to 31 feet 10% inches. The towers rest on cement legs or foundations 20 inches in diameter, placed in the ground from 9 to 9% feet deep. The easement provides for a second line of towers, to be “staggered” in relation to the first line. The first line of towers and the present 15-foot road occupy 115 to 120 feet of the easterly one-half of the 250-foot right of way. The right of way divides Section 32 so that the original 640 acres are severed as follows: 34.62 acres in the right of way, 285.03 acres to the east, and 320.35 acres to the west of the right of way. The easement expressly includes all secondary easements “in, under, over and across” the right of way and these include underground wires or “dissipators” which will be installed 3 feet below the ground and fan out on the right of way.

A jury ascertained and assessed the value of the easement and rights of way sought to be condemned to be the sum of $4,673.70 and the severance damages to be $22,171.96, a total of $26,845.66. Plaintiffs appeal from the judgment entered in accordance with the verdict and contend that the damages are excessive; that the trial court committed prejudicial error in overruling appellants’ objections and denying their motions to strike: that the verdict was defective; that improper evidence was received; that the court erred in denying appellants the right to abandon a portion of the easement sought to be acquired; that the court erred in limiting the testimony of appellants’ witnesses, and in refusing to give certain offered instructions.

It was conceded that the highest and best use of the land in Section 32 was for potential agricultural use and 12 witnesses testified in the nine-day trial relative to the issue of damages. Witnesses for the defendants testified that the *862 value of the entire section before taking was from $96,000 to $128,000 and after taking from $57,375 to $61,251.40. They valued the right of way from $4,680 to $6,231, the severance damages from $33,945 to $60,538, and the total damages from $38,625 to $66,769.70. Two experts testified for plaintiffs that the right of way value was from $1,675 to $1,800, and that there were no severance damages.

George Hummel, called as a witness in behalf of defendants, testified that he was and had been a real estate broker for 15 years; that he was familiar with the Frew and Lombardi ranches in Sections 32 and 31; that the defendants owned all of Section 32 and the east one-half of Section 31 adjoining it; that Frew and the Lombardis bought the property in 1949; that he was familiar with Section 32; that the soil was good and that substantial water production was established on said section in 1949; that he had sold some 3,000 acres to different persons in the area and, based on his experience as a real estate broker and in participating in sales of property in the area, his opinion was that the market value of the land on February 3, 1950 (the date agreed upon by the parties as the date of valuation) was $200 per acre; that the market value of the remainder of Section 32 was reduced by 50 per cent by the taking of the right of way and easement; that his $200 valuation was based upon evidence that water had been found in commercial quantities and the land was in position to be developed for agricultural purposes; that it was especially good for the growing of row crops, such as potatoes, onions, cotton and alfalfa seed; that the remaining land in the section would be worth only 50 per cent with the right of way through it by reason of the added difficulty and additional labor in irrigating and cultivating crops thereon.

Paul Adler testified that he was a farmer and owned 320 acres adjoining Section 32; that he was familiar with Section 32 and had made inquiries as to the relative values of sales of neighboring properties in 1949 and 1950; that the right of way, 250 feet by 6,032.29 feet, extending diagonally across Section 32, with the towers, a permanent road for vehicular travel, and the installation of underground wires for lighting purposes which go from each tower, north, south, east and west and practically to the outskirts of the 250-foot right of way, would constitute a barrier to normal farming of Section 32, making it difficult to cultivate because of the varying length of furrows; that it would be extremely expensive to install an irrigation system on the east portion of the prop *863 erty; that it would be more difficult to operate farm machinery on the property; that the fair market value of Section 32 on February 3, 1950, with the well on it, was about $200 per acre and that the market value of the remaining land after the taking would be reduced by 50 per cent.

Frank Rattman, an experienced well driller, testified that he drilled a water well on the northwest quarter of Section 32 in 1949 and that the section was one of the best water areas he had found in that locality.

Earl W. McGowan, a concrete irrigation pipe manufacturer and installer, testified that he was familiar with Section 32 and installed an irrigation system for row crops on Section 31, which the Lombardis and Frew were farming; that he was employed by the defendants, Lombardis and Frew, to inspect Section 32 and compute the cost of installation of an irrigation system thereon with and without the power line and right of way. The trial court sustained an objection to testimony as to the specific cost but permitted McGowan to testify that it would definitely cost more to install the system with the power line, the road and the right of way across the property.

Virgil Alleso, a land leveler and farmer in Antelope Valley, testified that he was employed by the defendants to make an estimate on Section 32 on leveling and grading and that it would cost more to do the leveling and grading on the property after the power line was put in and the right of way was taken.

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Bluebook (online)
294 P.2d 1073, 139 Cal. App. 2d 859, 1956 Cal. App. LEXIS 2193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-los-angeles-v-frew-calctapp-1956.