Simpson Redwood Co. v. State of California

196 Cal. App. 3d 1192, 242 Cal. Rptr. 447
CourtCalifornia Court of Appeal
DecidedDecember 10, 1987
DocketA035470
StatusPublished
Cited by19 cases

This text of 196 Cal. App. 3d 1192 (Simpson Redwood Co. v. State of California) 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
Simpson Redwood Co. v. State of California, 196 Cal. App. 3d 1192, 242 Cal. Rptr. 447 (Cal. Ct. App. 1987).

Opinion

196 Cal.App.3d 1192 (1987)
242 Cal. Rptr. 447

SIMPSON REDWOOD COMPANY, Plaintiff and Respondent,
v.
THE STATE OF CALIFORNIA, Defendant and Appellant; SAVE-THE-REDWOODS LEAGUE, Intervener and Appellant.

Docket No. A035470.

Court of Appeals of California, First District, Division One.

December 10, 1987.

*1196 COUNSEL

John K. Van de Kamp, Attorney General, and Charles W. Getz, Deputy Attorney General, for Defendant and Appellant.

John B. Clark, James E. Harrington, A. Robert Rosin and Pettit & Martin for Intervener and Appellant.

Alson R. Kemp, Jr., Randolf J. Rice, Kevin M. Fong and Pillsbury, Madison & Sutro for Plaintiff and Respondent.

OPINION

NEWSOM, J.

Respondent Simpson Lumber Company (hereafter Simpson) initiated this action by filing a complaint to quiet title and for declaratory relief against the State of California (hereafter the State), seeking title to specified parcels of real property located in Humboldt County in Township 12 North, Range 1 East, Humboldt Meridian. Promptly thereafter, *1197 appellant Save-The-Redwoods League (hereafter appellant or the League) filed a motion for leave to intervene (Code Civ. Proc., § 387, subd. (a)) in the action, asserting an interest in the old growth redwood forest sought by Simpson in its complaint. While appellant's motion was pending, the State and Simpson each filed a motion for summary judgment. All motions were heard at a consolidated hearing and ultimately denied.

This appeal followed, contesting only the propriety of the trial court's order denying appellant's motion to intervene. Subsequently, we granted appellant's request for a writ of supersedeas staying the trial court proceedings pending the outcome of the appeal.

A brief description of the historical context may be helpful, commencing with surveys of public lands in Humboldt County performed by S.W. Foreman and John Haughn for the General Land Office (presently the Bureau of Land Mangement) in 1882. Specifically, the Foreman and Haughn surveys purported to establish the boundaries of Township 12 North, Range 1 East, Humboldt Meridian (hereafter the subject township), which now includes Prairie Creek Redwoods State Park and the property under dispute in this action, together with the boundaries of adjacent townships. The section plat maps and field notes reflecting these surveys were approved by the government in February of 1883, but suspended by the commissioner of the General Lands Office in 1884 and 1886 after an investigation revealed "great irregularities" and "fraud" in the methods used by the surveyors. Apparently, Foreman and Haughn failed to set critical section markers, or did so "promiscuously."

John Gilcrest was commissioned to resurvey all of the township and section lines run previously by Foreman and Haughn, and obliterate all inaccurate corners. He did so, altering some of the boundaries of the resurveyed townships. Gilcrest's survey was officially accepted and approved in July of 1889. He failed, however — apparently for economic reasons — to complete the survey. Consequently, no plat map was ever prepared by Gilcrest which depicted section lines in the interior of the subject township.

Thereafter, the land in the area was periodically patented and sold to private settlers, although not without confusion as to which of the two surveys was to be given priority. Some of the land patents were based upon the original, inaccurate Foreman and Haughn plat maps, while others relied upon the incomplete Gilcrest survey.

In 1923, the State began acquiring property for inclusion in the proposed Prairie Creek Redwoods State Park. Appellant contemporaneously embarked upon a program of land acquisition in the area for the purpose of *1198 eventual donation to state and federal parks, purchasing property with contributions from its members and other private donors, who were promised that their contributions would be used to preserve redwood groves within the state park system.

The land so acquired by appellant, which includes all of the parcels to which Simpson claims title in this litigation, was donated to the State in 1932 by way of grant deeds. One such deed, introduced as an exhibit, includes a recital that the land is being transferred to the State "as an addition to or extension of the State Park System." The State's resolution of acceptance contains a similar statement that "said real property is hereby accepted ... for state park purposes and is hereby included in the California State Park System, ..."

With property donated by appellant and acquired through purchases, the State established Prairie Creek Redwoods State Park (hereafter the Park) in 1933. In accordance with pledges given to some of its contributors, appellant also persuaded the State to officially name specified memorial redwood groves — 25 of which are on land which Simpson now claims to own — after the donors who made purchase of the lands possible.

Simpson acquired property contiguous to the Park from its predecessor in interest, Sage Land and Improvement Company (hereafter Sage). In 1944, Sage had hired A.B. Bones to determine the precise boundary between its property and the park. Bones conducted a survey relying on the Gilcrest section markers. He used "blazes," and other markings on trees to designate boundaries. The record shows that in conducting its logging operations, Simpson thereafter relied upon Bones's survey, as did the Park. Bones's survey also provided the "base" for subsequent surveys in the area.

Then, in 1978, the Bureau of Land Management performed a "dependent resurvey" of the east boundary of the subject township, and specified adjacent townships (hereafter the BLM survey) in anticipation of the establishment of the Redwood National Park in that area. The BLM survey resulted in a reconstruction of the original Foreman and Haughn survey to define the east boundary of the subject township based upon extrapolation from discovery of widely scattered section markers set in 1882 by the original surveyors. The boundaries for adjacent townships were determined by use of the Gilcrest and Bones surveys.

As a result of the BLM survey, the federal government claimed land for Redwood National Park — in the subject township — formerly accepted as belonging to Simpson. In response, Simpson filed a quiet title action against the federal government in 1980 in federal district court seeking to invalidate *1199 the BLM survey. This action was settled by a stipulated judgment, pursuant to which Simpson acknowledged the validity of the BLM survey in exchange for a conveyance of the land it was already occupying and using in accordance with the Gilcrest and Bones surveys.[1]

The survey controversy resurfaced in 1984, however, when the federal government initiated condemnation proceedings against Simpson to acquire property for construction of a bypass for Highway 101 in Humboldt County. Suddenly, Simpson found the BLM survey to its liking because the south-westward shift of boundaries effectuated thereby would result in a claim of additional acreage for which it would receive compensation in the inverse condemnation case. Accordingly, Simpson filed the instant quiet title action, alleging the validity of the BLM survey and resulting entitlement to the small parcel at issue in the federal inverse condemnation proceeding, and claiming title to the remaining 160-acre strip of land along the northwest border of the park.

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Cite This Page — Counsel Stack

Bluebook (online)
196 Cal. App. 3d 1192, 242 Cal. Rptr. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-redwood-co-v-state-of-california-calctapp-1987.