Johnson v. State of California

Opinion

CHRISTIAN, J.

Loris O. Johnson and Vonda Johnson appeal from a judgment of dismissal which was rendered after the court sustained a demurrer to their complaint for inverse condemnation.

Appellants alleged that they own property near the proposed route of the Guadalupe Freeway, a project being planned by respondent State of California. The project originated in 1960 as a proposed expressway to be

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built by the City of San Jose and the County of Santa Clara. A three-mile expressway section of the route, between Bayshore Freeway and Coleman Avenue, was constructed with local funds. In 1961, the State of California agreed to meet the cost of construction if the city and county would acquire the necessary rights-of-way. In 1969, primarily because of rapidly escalating land costs, it became necessary for the state to assume the responsibility for right-of-way acquisition. According to the tentative plans, approximately 280 parcels would be required for the project. During the 1960s, the City of San Jose and the County of Santa Clara acquired 180 parcels of land.

In the area of appellants’ property, certain parcels of land were acquired by the city and county in 1966 and 1967, and two parcels were purchased by the state in 1971. One additional parcel was purchased by the state in 1974, and two excess parcels were sold by the state in 1973 and 1975.

Due to severe funding cutbacks in the state highway program, the future of the proposed route has become uncertain. Acquisition of additional rights-of-way and actual construction of the proposed freeway are not now planned for at least 7 years, and construction may be 10 to 20 years away. It is currently anticipated that construction will proceed in three stages; appellants’ property would be required for the third stage of construction.

Appellants allege that there has been a taking and damaging of their property without the payment of just compensation, in violation of article I, section 19, of the California Constitution. The theory is that the state has acted unreasonably in issuing precondemnation statements, in purchasing property adjacent to appellant’s property, and in unreasonably delaying eminent domain proceedings against appellants. Appellants allege that, by reason of the state’s conduct, they have lost a valuable tenant and have been unable to lease their property. Appellants allege that they have been damaged in the sum of $1,250 per month from June 1, 1975.