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eBook details

• Title: Sacramento and San Joaquin Drainage District v. Truslow
• Author : Third Appellate District District Court Of Appeal Of California
• Release Date : January 25, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

On petition for rehearing appellant Truslow points out that this court did not in its opinion dispose of his contention that he was entitled to have the award in his favor modified by the addition thereto of interest from the time when, prior to trial and judgment, possession of the property was taken by the condemnor to the time when the award in his favor was paid into court for him. It has been held that just compensation for property taken ought to include the value of the loss of use arising where possession is so taken and that this value may be measured by legal interest at the rate of 7 per cent per annum for that period upon the award. (Metropolitan Water Dist. v. Adams, 16 Cal. 2d 676 [107 P.2d 618]; see also Los Angeles County Flood Control Dist. v. Hansen, 48 Cal. App. 2d 314 [119 P.2d 734].) This modification cannot be made in favor of appellant Truslow because the reason of the rule under which it is granted does not here apply. Interest is allowed on the theory that where such prior possession is taken the one entitled to the use of the property will not be adequately compensated by an award of damages for the value of the property taken. Truslows interest in the property taken was a reversionary interest, he having leased the land to King. He, therefore, was not entitled to the use of the property and since, as has been seen, the taking of a part of the leased property did not abrogate the lease, even pro tanto, Truslow has suffered no loss through the prior possession taken by the condemnor. That loss, if any, has fallen upon King. We cannot, therefore, modify the award to Truslow.

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