Opinion 1985

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App . 3d at 844.] In recent years, courts have even found possessory interests in the provider of television rental services to patients in a county hospital, pursuant to a written agreement with the County Hospital District ( Wells National Services Corp.
V. County of Sa nta Clara , 54 Cal. App. 3d 579 (1976)), and amusement machines placed for private profit in an airport terminal ( Freeman v. County of Fresno , 126 Cal. App. 3d 459 (1981)). The Freeman court sumrnarized the state of the law
...on possessory interests: [T]he focus has been on the belief that the holder of a valuable use of public property that is tax exempt should contribute taxes to the public entity which makes its possession possible and provides a certain amount of exclusivity.
OPINION NO. 85-15 Sam Duca 9 May 29, 1985 The pretax trend has found courts testing the requirement of a reasonably certain period of enjoyment by an examination of the agreement as stated in writing and the history of the rela^ionship of the parties, thereby finding durability because of the passage of time even though the agreement may have been cancelable at the will of the parties.


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