People Ex Rel. Department of Public Works v. Rodoni

STONE, J.

Defendants own two parcels of farm land, an upper, triangular parcel and a lower rectangular parcel, which are eater-cornered. Before the taking for highway purposes, the lower tip or southwest corner of the upper parcel touched the upper tip or northeast corner of the lower parcel. A county road along the easterly side of the lower parcel furnished access between the two parcels and to the outside. The freeway cuts off the adjoining corners, taking the tip of each parcel and, of course, the portion of the county road bordering the area taken. The tip taken from the lower parcel, designated “Parcel 7,” contains .57 acres. The tip from the upper parcel contains .08 acres, and is designated “Parcel 8.”

Ordinarily, taking two small corners from larger parcels would give rise to a run-of-the-mill condemnation action, but here the taking left the remainder of the upper triangular

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parcel landlocked. A large irrigation canal forms the hypotenuse of the triangle, while each side borders privately-owned property, so that by taking Parcel 8 and blocking access to the county road, the remaining 54.03 acres were left hemmed in.

Under the authority of Streets and Highways Code section 104.1,

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plaintiff sought to condemn the 54.03 acres, designated “Parcel 9,” and pay defendants the value of the land, to obviate severance damages. Defendants contend that the proposed taking of Parcel 9 is not for a public use and that insofar as section 104.1 purports to authorize the taking, it is unconstitutional. This issue was tried by the court and decided against plaintiff. The order, denominated “Interlocutory Judgment, ’ ’ provides, in pertinent part:

“1. That said proposed taking by condemnation of that certain piece of parcel of land located in the County of Merced, State of California, and particularly described in said Complaint as Parcel 9 is not a taking for a public use, and is, therefore, unauthorized by law

“2. Further, that said Complaint be, and the same hereby is, dismissed insofar as it affects or purports to condemn the aforesaid real property described in said Complaint as Parcel 9;