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COUNTY OF SAN LUIS OBISPO v. BAILEY

Docket No. L.A. 29794.

4 Cal.3d 518 (1971)

483 P.2d 27

93 Cal. Rptr. 859

COUNTY OF SAN LUIS OBISPO, Plaintiff and Appellant, v. WESLEY BAILEY et al., Defendants and Respondents.

Supreme Court of California. In Bank.

March 31, 1971.

Attorney(s) appearing for the Case

COUNSEL

James W. Powell and Robert N. Tait, District Attorneys, Norman Sherr and Robert J. Schum, Deputy District Attorneys, and Thomas M. Dankert for Plaintiff and Appellant.

Harry S. Fenton, Joseph A. Montoya, Charles E. Spencer, Jr., William H. Stoffers, County Counsel (Monterey), George P. Kading, County Counsel (Santa Barbara), Robert D. Curiel, Assistant County Counsel, Edwin M. Osborne, Acting County Counsel (Ventura), Ralph B. Jordan, County Counsel (Kern), John M. Stanton, Deputy County Counsel, Thomas C. Lynch, Attorney General, W.A. Shank, Assistant Attorney General, and J.M. Sanderson, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Appellant.

Ogle & Gallo, Charles E. Ogle, Gerald Mason and James B. Merzon for Defendants and Respondents.

OPINION

TOBRINER, J.

In this eminent domain proceeding plaintiff County of San Luis Obispo condemned 160.475 acres of unimproved property owned by defendants, for use in connection with the Lopez Dam project. The jury awarded defendants $300 an acre (a total of $48,142.50) as just compensation and the county appeals from that judgment.

The county raises three principal contentions on this appeal. First, it contends that the...

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