Leonard v. PEOPLE EX REL. DEPT., TRANSPORTATION

62 Cal.App.4th 1296 (1998) ROBERT LEONARD, JR., et al., Plaintiffs and Appellants,

v.

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Docket No. B106519. Court of Appeals of California, Second District, Division Four.

April 7, 1998. [1298] COUNSEL

Sullivan, Workman & Dee, Henry K. Workman and John J. Dee for Plaintiffs and Appellants.

William M. McMillan, David R. Simmes, Alexander D. DeVorkin and Robert W. Vidor for Defendant and Respondent.

OPINION

EPSTEIN, Acting P.J.

In this inverse condemnation action, appellants challenge the trial court's determination that they were not entitled to compensation for loss of benefit when a freeway off-ramp was moved one-half mile from their property. We find no error and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

This case was tried on stipulated facts. Robert Leonard, Jr., and Frances Margaret Leonard were the owners of 10 acres of property located at the intersection of Sepulveda Boulevard and Centinela Avenue in Culver City (the property). The property is now held by appellants Robert Leonard, Jr., and Carol Leonard Collins, trustees under the will of Robert Leonard, deceased.

In 1959, the State of California condemned a portion of the property for construction of the Interstate 405 freeway, including an off-ramp for vehicles to exit the freeway southbound onto Sepulveda Boulevard adjacent to the property. In the 1959 condemnation proceeding, the jury found $182,000 to be the fair market value of the property being taken, $142,000 for severance damages to the remaining 7.69 acres by reason of the severance of the part taken, and $20,000 as the value of special benefits accruing to the remainder of the property by reason of the construction of the public improvement. The $20,000 benefit was offset against the amount of severance damages payable to the Leonards. The judgment in that case was