People Ex Rel. Department of Public Works v. University Hill Foundation

GRIFFIN, P. J.

Plaintiff-respondent, by and through the Department of Public Works, brought this action in eminent domain on June 4, 1957, against the owners, defendants-appellants, condemning the fee of a part of a 4%-acre parcel of certain described real property located in Anaheim, Orange County, sought for construction of a state highway for freeway purposes and an easement for drainage purposes. An order for possession was made on June 17, 1958. After trial, and on November 12, 1958, after viewing the premises, the jury returned a verdict of $25,500 for Parcel 1A, $1,750 for Parcel IB, $3,500 for Parcel 1C and severance damages of $2,500.

The property had a frontage of approximately 638 feet on Commercial Street, between Lemon and Patt Streets, and a depth of approximately 322 feet. Parcels IB and 1C involved the drainage easement. The property was improved with a Ready-Mix Concrete Plant and accessory improvements thereto. The parcels taken were the rear of the main holdings in an area which had been used for the deposit of residue or tailings from the Ready-Mix Concrete trucks, storage of raw materials, forms, removal of sand and for the parking of a crane and trucks, etc. No buildings or structures were on these portions of the property and they comprised about 2.26 acres, or approximately 48 per cent of the entire land area.

The appeal is from the entire judgment, but, according to the appellants’ opening brief, it is limited to the portions of the judgment awarding damages for the taking of Parcel 1A and awarding severance damages.

The principal question here involved relates to the introduction of evidence of the price of an alleged sale of adjoining iiroperty (herein referred to as the Wise property) to the

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state for freeway purposes and testimony as to certain alleged special benefits.

The defendants produced several witnesses, some of whom qualified themselves as expert appraisers. They testified generally as to the investigation and examinations they made as to land values and other claimed comparable sales in that neighborhood and as to the value and character of defendants ’ property in general. Basing his opinion on all of these facts, one David Culver, an appraiser called as a witness by defendants, was of the opinion that Parcel 1A, which was slightly over two acres, had a fair market value of $37,817; Parcel IB, $1,381; and Parcel 1C, $2,740; that the value of the remainder before taking was $101,062 and after taking, $82,500, and accordingly the severance damage was $19,562; that the value of all the property before taking was $145,000; land value $87,500 or $18,538 per acre, and that the improvements were valued at $57,500.