People Ex Rel. Department of Public Works v. Ramos

Opinion

BURKE, J.

In this eminent domain proceeding, brought to acquire a portion of defendants’ real property for state highway purposes, the value of the property taken was fixed by stipulation at $3,500 but severance damages were denied. Defendants appeal from the judgment and orders of final condemnation and special issues. As will appear, we have concluded that the trial court erred in limiting damages based on its view that no part of defendants’ property was taken for construction of the freeway itself.

Before the taking defendants’ property was on the corner of Soule and Clay Streets, in West Sacramento, and was accessible from both streets.

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For the purpose of constructing a freeway in the vicinity the state condemned a small triangular parcel on the corner of defendants’ property and closed Clay Street, so that defendants’ property was thereafter accessible only from Soule Street. Soule was made to terminate in a cul-de-sac at the freeway boundary, with a turnaround in front of defendants’ property. The “before” and “after” conditions appear on the following diagrams of the area.

The freeway constructed by the state runs east and west. The triangular parcel, 3-A, consisting of 1,159 square feet at the northerly tip of defendants’ property, was taken in fee for the freeway right-of-way. Over Parcel 3-

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B, a. 20-foot strip contiguous to Parcel 3-A, an easement was taken for the underground relocation and the servicing of public utility lines.

After the taking Parcel 3-A became part of the freeway and was bordered on the south by a chain link fence 6 feet high which marked the outer limits of the freeway right-of-way. The fence continued beyond the property taken from defendants and completely eliminated Clay Street which formerly bordered defendants’ property along its northwesterly boundary.

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