Pacific Gas & Electric Co. v. Hufford

319 P.2d 1033, 49 Cal. 2d 545
CourtCalifornia Supreme Court
DecidedDecember 31, 1957
DocketSac. 6844
StatusPublished
Cited by29 cases

This text of 319 P.2d 1033 (Pacific Gas & Electric Co. v. Hufford) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pacific Gas & Electric Co. v. Hufford, 319 P.2d 1033, 49 Cal. 2d 545 (Cal. 1957).

Opinions

SCHAUER, J.

Plaintiff appeals from a judgment on a verdict assessing compensation to be paid in its action in condemnation seeking a right-of-way easement for the construction, maintenance and operation thereon of an electric transmission line, together with an easement for certain service roads, all across lands owned by defendants in Shasta County. Plaintiff also seeks, as elements of the transmission line easement, the vested right to erect suitable gates in any fences which may be constructed across such easement, and the perpetual prohibition of defendants from erecting or placing any building or other structure on the servient lands, and from locating, drilling or operating any well thereon. We have concluded that plaintiff’s several contentions that prejudicial error occurred in instructing the jury and in admitt’"" [550]*550certain evidence relating to valuation and damages are without merit, and that the judgment should be affirmed.

Defendants’ entire property consists of 1,179 acres, testified to be “one of the choicest” grazing areas in Shasta County. The land is rolling, some with oak and pine trees, but mostly foothill land, except for a flat portion along a creek. It is used for grazing cattle six months of the year, from November to May.

The transmission line easement sought by plaintiff is 5,171 feet in length and 80 feet in width, and covers some 9.5 acres in the rolling hill portion of the property. The road easement is 20 feet wide and covers approximately 3.6 acres. The two easements will thus cover a total of 13.1 acres and extend over defendants’ lands for one mile, less 109 feet. The transmission line will consist of one row of six steel towers, grounded, with customary wires and cross-arms, and will carry the potentially dangerous energy inherent in high voltage electricity. The towers, termed by plaintiff the “drive-through” type, will be so constructed that they will have a ground clearance of 18 feet below the bracing, so that vehicles and equipment of less than 18 feet vertical height can be moved through them. The jury found the market value of the easements to be $1,000 and severance damage to the remainder of defendants’ property to be $12,500.

Plaintiff’s first contention is that the value of an easement is measured by the damages resulting from its taking to the strip of land (here totaling 13.1 acres) underlying it, and that under the instructions and certain of the valuation evidence admitted by the court, the jury were “inevitably” and erroneously led to include damages to such land in their award of severance damage. Thus, according to plaintiff, double damages were to that extent awarded to defendants. This contention is without substantial merit. As hereinafter shown, if any error occurred in respect to giving the instructions or admitting the evidence complained of, it was not materially prejudicial and does not compel reversal of the judgment.

The court handed and read to the jury the following form of verdict:

“We, the jury in the above entitled case, find:
‘ ‘ 1. That the market value of the easements taken by plaintiff is_dollars.
‘ ‘ 2. That the severance damage to the remainder of defendants’ property is __ dollars.”

[551]*551Concerning this verdict, the jury were instructed that “if by your verdict you determine that damages will accrue to or be caused to defendants’ entire tract of land by reason of said severance, of said easements from the remainder of the property, or by reason of the construction and installation of the power line or roads, then you will insert such amount in the second blank space in the form of verdict just read to you.

‘‘ On the other hand, if you determine that no damages will thus accrue or be caused to the property of defendants’, then you will indicate such determination by writing the word ‘none’ in such second blank space.” (Italics added.)

Reading the blank form of verdict in connection with the instructions, considered as a whole, makes it clear that the “market value of the easements” is one thing and the “severance damage to the remainder of defendants’ property” is another. The jury were specifically told that “It is your duty to determine the amount of just compensation to be paid . . . to the defendants . . . for the easements taken and for the damage, if any, that may be caused to the remaining property . . . by the taking of the easements . . . [Plaintiff] is not here seeking to condemn any land but only certain easements described to you by the evidence herein. By the term easement is meant a right in land. And here the easements . . . which . . . plaintiff will acquire are two in number, and are as follows: [The transmission line and road easements were here described.]

“[T]he defendant land owner or owners will not be deprived of, but on the contrary, will retain the right to use such strips of land for any and all purposes not inconsistent with the use by the Power Company for its said purposes. . . . [I]n all cases where it can be shown as a fact that the fee, burdened with the . . . easements, is of substantial value to the . . . owners, this value is reserved to the . . . owners, and must be taken into consideration in determining the damages to be awarded for the imposition of . . . easements upon the land. . . .

“After you have determined the value of the easements sought to be condemned in this action, you must then ascertain and assess the amount of damage, if any, which accrued thereby to the property rights of the Huffords [defendants] not sought to be condemned by the plaintiff.

“That amount is called ‘severance damage’ and is the amount of the difference in market value of the property [552]*552rights not taken as they were on the 16th day of June, 1954 [date of filing of complaint and issuance of summons in this proceeding, see Code Civ. Proc., § 1249], and the market value of the property rights not taken after the severance of the easements therefrom. The difference between these values will be the amount of damage done by the taking of the easements . . . and the construction of the power line and roads . . .

‘ ‘ Thus . . . you should find, first, what was the fair market value of the easements which plaintiff seeks to condemn as of June 16, 1954, and second, whether or not the taking of those easements and the construction of the power line and roads upon them and the operation of the same, as proposed depreciate the market value of the remainder of the property of defendants . . .; and if, in your opinion the taking of such easements makes the remaining property less desirable in the minds of prospective purchasers of that class of property, then you must determine to what extent and to what amount the market value of such remaining property will be lessened ...”

“Market value” was also defined to the jury.

Section 1248 of the Code of Civil Procedure provides that in an eminent domain proceeding the jury “must ascertain and assess: 1. The value of the property sought to be condemned, ... 2. If the property sought to be condemned constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed ...” (Italics added.)

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Bluebook (online)
319 P.2d 1033, 49 Cal. 2d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-gas-electric-co-v-hufford-cal-1957.