Laws, Regulations & Annotations

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660.0000 POSSESSORY INTEREST

Annotation 660.0160

660.0160 Maritime Terminal Facilities. In Euro-Pacific v. Alameda County (1992) 11 Cal.App.4th 891, the court held that a contract between a company operating container vessels and a port district, pursuant to which the company could use the district's terminal facility on a first-come, first-served basis, without a right to use it if other vessels were then using it, and without a right to move ahead of other waiting users, and requiring the company to vacate a berth if its vessel were idle and another company's vessel were waiting, created a taxable possessory interest.

The company's right was concurrent with the rights of others. That the concurrent use by others might interfere with its right was held to be relevant to the value of the interest, but it did not alter the fact that a possessory interest existed. C 12/23/1992.