People v. Werner

LILLIE, J.

The state sued to condemn certain real property for park purposes; named as one of the defendants was appellant herein, Dalbert M. Greenleaf, owner of Parcel 58. The court sitting without a jury heard the matter on the sole issue of fair market value and entered an award for $100. In propria persona defendant Greenleaf appealed from the judgment; pending appeal he died and the administrator of his estate has been substituted in his place and stead.

Appellant’s only contention is the inadequacy of the award, which he predicates on a purely factual argument; he claims that inasmuch as Lot 507, zoned R-l, and located near Parcel 58, sold for $2,800 on July 12, 1956, the evidence does not support the trial court’s finding of value and subsequent award of $100.

The evidence discloses that Parcel 58, 38 feet wide and 79 feet deep, is one of a tier of lots located seaward from Shore Drive in Pierpont Bay Tract in Ventura. Shore Drive once was a macadam street and now, covered with sand dunes 12 to 15 feet high, exists only on paper. Parcel 58 is contiguous to the ocean, subject to flooding part of the time and is unimproved. Years ago a number of homes were built on this tier of lots seaward from Shore Drive, but many were destroyed during the storms of 1937 and 1938 and those remaining were

[443]

moved inland. For

the

past 20 years there has been no development here—in fact, the county building inspector does not issue permits to construct homes on these lots seaward from Shore Drive and the county health department will not permit septic tanks to be installed thereon.

Appellant offered certain evidence, three exhibits (grant deed dated July 12, 1956, for Lot 507, showing Internal Revenue Stamps in the sum of $3.30 (1); excerpts from a zoning ordinance (2) ; and tract map showing location of Lot 507 (3)) ; and testified that he purchased Parcel 58 in 1952 through a tax sale for $75, since, he has erected no structure thereon, put no improvements on the property and installed no utilities, and has never attempted to lease or sell the same. As the owner, he did not offer his own opinion of the market value of Parcel 58; Exhibit 1 (deed) reflects the price paid for Lot 507 in 1956 to be $2,800. Appellant offered nothing to show that the sale of Lot 507 was comparable to the one at bar; on the contrary, his evidence discloses that Lot 507 is in an area landward from Shore Drive where building permits are obtainable.