United States v. CERTAIN PARCELS OF LAND, ETC.

• Decision Date: 27 June 1946
• Docket Number: Civil Action No. 754 O'C.
• Citation: 67 F. Supp. 780
• Court: U.S. District Court — Southern District of California
• Parties: UNITED STATES v. CERTAIN PARCELS OF LAND IN RIVERSIDE COUNTY, CAL., et al.

67 F. Supp. 780

UNITED STATES v. CERTAIN PARCELS OF LAND IN RIVERSIDE COUNTY, CAL., et al.

Civil Action No. 754 O'C.

District Court, S. D. California, Central Division.

June 27, 1946.

COPYRIGHT MATERIAL OMITTED

Eugene D. Williams and Irl D. Brett, Sp. Assts. to Atty. Gen., both of Los Angeles, Cal., for the United States.

Robert W. Kenny, Atty. Gen., and Robert E. Reed, Deputy Atty. Gen., and C. C. Carleton, C. R. Montgomery, and Frank B. Durkee, all of Sacramento, Cal., for the State of California.

J. F. T. O'CONNOR, District Judge.

(1) Introductory statement of the issues involved:

This opinion of the Court deals exclusively with the controversy raised at the pre-trial hearing commencing on January 30, 1946, and lasting seven court days, between the Government of the United States and the State of California, on the clarification of the issues presented by the Government's amendment to complaints and amended complaints, filed December 20, 1945, in consolidated Action No. 754 O'C. Civil, and the answer of the State of California thereto, filed on January 8, 1946, to determine primarily, as a matter of fact and in law, on the oral and documentary evidence presented at the pre-trial hearing, the legal status of highways 77 and 192, within the Prado Flood Control Dam and Basin, as a result of the construction of Prado Dam, which was commenced in November of 1938, and was completed in April of 1941; and, corollarily, the interest of the State of California therein.

Hereinafter, for brevity, "Government" will refer to the United States, and "State" will refer to the State of California.

The Government contends that we are not dealing with State highways, but with county roads; that by deeds from the counties of San Bernardino and Riverside to the United States, both dated January 3, 1944 (Exs. 70 and 71 respectively), and judgments based thereon, stipulated to by the counties, and recorded in this court, the Government obtained fee and flowage easements, i. e., the right to flood and inundate intermittently below the elevation of 556 feet m. s. l. (Mean sea level) the highways in question; while the State contends, on the other hand, that the said highways were not county roads, under the jurisdiction and control of the counties when the said deeds were executed, but were State highways within the exclusive jurisdiction and control of the State, that it has not been compensated therefor, and that the Government is estopped to deny this fact by reason, inter alia, of agreements entered into between the Government and the counties of Riverside and San Bernardino, dated June 21, 1943, and July 6, 1943, respectively (marked exhibits M and N respectively), wherein and whereby the Government agreed to relocate these so-called State highways for the State of California.

In view of the fact that the State contends with much vehemence that it has been damaged to the extent of one million dollars, and extensive briefs have been filed, it is felt that this case merits considerable attention on the part of the Court; and, by reason of the fact that the Court concludes that these highways in question were not State highways under the jurisdiction and control of the State, but were county roads under the jurisdiction and control of the said counties, at the time of the execution of the said deeds to the Government on January 3, 1944 (Exs. 70 and 71), and that no estoppel can be raised against the Government to deny the State's contention that the roads were State highways, the ratio decidendi of this Court should be elaborated upon fully herein.

(2) Statutory data — Act of June 22 1936:

In limine, in order to develop a factual background leading to an orderly presentation of the Court's conclusions herein, it should be stated that the flood control of the Santa Ana River was made a Federal project by the Act of June 22, 1936, Public No. 738, 74th Congress, Title 33 U.S. C.A. § 701a et seq., which included, as one of its items, the following:

"Santa Ana River, California. Construction of reservoirs and related flood-control works for protection of metropolitan area in Orange County, California, in accordance with plans to be approved by the Chief of Engineers on recommendation of the Board of Engineers for Rivers and Harbors * * *." 49 Stat. 1589.

There was a declaration of policy that "destructive floods upon the rivers of the United States, upsetting orderly processes and causing loss of life and property, including the erosion of lands, and impairing and obstructing navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is the sense of Congress that flood control on navigable waters or their tributaries is a proper activity of the Federal Government, in co-operation with States, their political subdivisions, and localities thereof; * * *." Title 33, Sec. 701a, U.S.C.A.

Under the plan as set forth in the 1936 Act, "After June 22, 1936, no money * * * shall be expended on the construction of any project until States, political subdivisions thereof, or other responsible local agencies have given assurances satisfactory to the Secretary of War that they will (a) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project, except as otherwise provided herein; (b) hold and save the United States free from damages due to the construction works; (c) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of War * * *." Title 33, Sec. 701c, U.S.C.A.

Certain exceptions were made, to wit, that if the dam site had been acquired and adequate assurances given respecting the acquisition of the easements and rights-of-way required for the reservoir area, the work of improvement could commence and continue concurrently with the acquisition of such rights; also, if the State consented thereto, and the Secretary of War approved, and it developed that the cost of the necessary lands, easements and rights-of-way exceeded the estimated cost, the Secretary of War was authorized to acquire such rights, etc. Under such plan, since the State or political subdivisions thereof, or other responsible local agencies, were to provide all of the necessary lands, easements and rights-of-way free of cost to the United States, and to hold and save it free from damages due to the construction of the improvement, it necessarily followed that it was not contemplated at that time that the United States would be required to pay any sum for injuries which the State, counties, other political subdivisions or local agencies would suffer to their property rights. (Italics supplied.)

(3) Statutory data — Act of June 28, 1938: In 1938 the whole plan was changed by Congress, by the Act of June 28, 1938, Public No. 761, 75th Congress, Third Session, Chapter 795, Title 33 U.S.C.A. § 701a—1 et seq. Under Title 33, Section 701c—1, the United States was directed to acquire title to all lands, easements and rights-of-way for any dam and reservoir project authorized by the previous (1936) Act; and the provisions, which previously authorized and required the State, its political subdivisions and other responsible local agencies to acquire them, were expressly repealed.

Realizing that the States et al. had already commenced acquisitions, it was also provided:

"* * * States, political subdivisions thereof, or other responsible local agencies, shall be granted and reimbursed * * * sums equivalent to actual expenditures deemed reasonable by the Secretary of War and the Chief of Engineers and made by them in acquiring lands, easements, and rights-of-way for any dam and reservoir project, * * * provided, That no reimbursement shall be made for any indirect or speculative damages: Provided further, That lands, easements, and rights-of-way shall include lands on which dams, reservoirs * * * are located; lands or flowage rights in reservoirs and highway, railway, and utility relocation. * * *" Title 33 U.S.C.A. § 701c—1.

This, for the first time, authorized the United States to pay for highways and thus to pay compensation to States and their subsidiaries. (Italics supplied.)

(4) The Orange County Flood Control District (sometimes referred to as the O. C. F. C. D.):

The Orange County Flood Control District (a political subdivision of the State of California), organized and existing by virtue of the Orange County Flood Control Act (Chap. 723, p. 1325, Stats. of California 1927), in effect July 29, 1927, and as amended and supplemented, was engaged in the acquisition of lands, easements and rights-of-way for said Prado Dam and Flood Control Project prior to the enactment by Congress of the Flood Control Act of 1938, supra.

During the effective period of the 1936 Act of Congress, supra, the Orange County Flood Control District had acquired certain lands and interests therein for use by the Federal Government in the erection of the dam, including the area actually covered by the structure and various portions of the Basin area above the dam, but not including any easements or rights-of-way for road purposes. (Testimony of Hammond, Vol. V, page 584, line 5 to page 585, line 8 of Reporters' Transcript of Proceedings.)

Subsequent to the enactment of Title 33, U.S.C.A. § 701c—1, the 1938 Act supra, said District was reimbursed by the United States to the extent deemed reasonable by the Secretary of War and Chief of Engineers (Testimony of Hammond, Vol. V, page 584, lines 1-3; Sec. 1963, subd. 15 Cal. Code Civ.Proc.

(5) Construction and description of Prado Dam:

Prado Dam was commenced about November, 1938, and was completed in April, 1941. It is an earth-filled structure with a height of approximately 105 feet above the bed of the Santa Ana River. (Means, Vol. III, page 289, line 15, of Reporters' Transcript.) It has a length of approximately 2200 feet, a width of...