People Ex Rel. Dept. Pub. Wks. v. HOME TRUST INV.

California Court of Appeal Jun 23, 1970 No. 34904Published

Before: Roth

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Holding. The court affirmed the condemnation judgment, holding that the trial court did not abuse its discretion in its evidentiary rulings, its determination that access was not substantially impaired, or its instructions regarding special benefits.

Issues

Whether the trial court erred in excluding evidence of damages resulting from the delay in freeway construction.
Whether the trial court erred in determining that access to the property was not substantially impaired.
Whether the trial court erred in allowing testimony regarding special benefits resulting from the freeway project.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Whether public improvements cause substantial impairment of access is a question for the court rather than the jury.”

“The judgment is affirmed.”

8 Cal.App.3d 1022 (1970) 87 Cal. Rptr. 722 THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Respondent,

HOME TRUST INVESTMENT CO., et al., Defendants and Appellants.

Docket No. 34904. Court of Appeals of California, Second District, Division Two.

June 23, 1970. [1025] COUNSEL

Ball, Hunt, Hart & Brown, Ball, Hunt, Hart, Brown & Baerwitz and Clark Heggeness for Defendants and Appellants.

Harry Fenton, Joseph A. Montoya, Charles E. Spencer, Jr., Ira W. Holroyd and Benjamin B. Salvaty for Plaintiff and Respondent.

OPINION

ROTH, P.J.

Home Trust Investment Company and Bixby Hills Investment Company appeal from a judgment entered pursuant to a jury award of $526,000 as just compensation for condemnation of land to be used for freeway purposes.

On November 14, 1966, the date respondent filed its complaint in eminent domain, appellants were the owners of two large tracts of land (Tracts 21067 and 23482) in Long Beach. The proposed freeway was projected on Seventh Street, the southern boundary of the property. The property consisted of 288 R-1 zoned lots situated between Seventh Street and the Los Cerritos Drain, several R-3 zoned lots located north of the Los Cerritos Drain, and a large R-4 zoned lot situated north of Seventh Street and west of the R-1 property. The R-1 property is approximately bisected by Bixby Hill Road, which parallels Seventh Street to the north.

Appellants' property had been subdivided to become "a luxury class residential community." At the time this action was filed, several model [1026] homes had been constructed and some paving and curbing was completed. It appears that all of the improvements were located along Bixby Hill Road, and that no improvements had been made in the southern portions of the property along Seventh Street.

People Ex Rel. Dept. Pub. Wks. v. HOME TRUST INV.

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OPINION

ROTH, P.J.

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