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STATE EX REL. DEPT. OF WATER RESOURCES v. NATOMAS CO.

Docket No. 11078.

239 Cal.App.2d 547 (1966)

49 Cal. Rptr. 64

STATE OF CALIFORNIA ex rel. THE DEPARTMENT OF WATER RESOURCES, Plaintiff and Respondent, v. NATOMAS COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

January 24, 1966.

Attorney(s) appearing for the Case

Rogers, Clark & Jordan, Webster V. Clark, Bernard P. McCullough and Robert V. Blade for Defendant and Appellant.

Lyman Henry, W. Martin Tellegen and Hall, Henry, Oliver & McReavy as Amici Curiae on behalf of Defendant and Appellant.

Thomas C. Lynch, Attorney General, and F.G. Girard, Deputy Attorney General, for Plaintiff and Respondent.

VAN DYKE, J.*

This is a condemnation action brought by the state to acquire property necessary for the Feather River Project in Butte County.

On May 10, 1961, the Director of the Department of Water Resources adopted a declaration basically providing: "[I]t is necessary to acquire in the name of the State of California title in fee simple to certain parcels of real property in the

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