Valenta v. County of Los Angeles

TOBRINER, J. This case involves a claim of inverse condemnation for damages to plaintiffs’ property resulting from a cul-de-sac. Although plaintiffs’ property lies in an unincorporated, rather than incorporated, area, we explain why we have concluded that the principle of substantial impairment of access, as expressed in Breidert v. Southern Pac. Co. (1964) ante, p. 659 [39 Cal.Rptr. 903, 394 P.2d 719], which there applies to an incorporated area, is equally applicable here.

Plaintiffs are the owners of one-half of a quarter section of land in the small rural community of Vincent, an unincorporated area of Los Angeles County. Plaintiffs’ property is bordered on the west by Sierra Highway and on the east by the right-of-way of the Southern Pacific Railroad. Sierra Highway and the railroad right-of-way run in a general northerly-southerly direction and are approximately 600 feet apart. Angeles Forest Highway, a county road, has its westerly terminus at Sierra Highway in the Town of Vincent, where it intersects, but does not cross, Sierra Highway. From here Angeles Forest runs in a southeast direction, through plaintiffs’ land and across the railroad right-of-way, to Angeles Crest Highway, the most direct route from Vincent to the general system of public streets in the Pasadena-Los Angeles area. The record does not disclose the use to which plaintiffs have put their land.

In 1959 the county board of supervisors entered into an agreement with the defendant railroad for the construction of a grade crossing some distance from the existing crossing at Angeles Forest Highway and for the closing of the Angeles Forest crossing. In the same year the Public Utilities Commission approved the closing, and in 1961 defendants permanently closed the crossing by placing barricades along both sides of the railroad right-of-way at Angeles Forest Highway.

Plaintiffs allege that the closing has destroyed all access from their property over Angeles Forest Highway, and that the closing has placed plaintiffs’ property in a cul-de-sac. In [671]the present action plaintiffs claim damages in inverse condemnation for the taking or damaging of their right of access in Angeles Forest Highway. Plaintiffs' claim is based upon article I, section 14 of the California Constitution, providing that “Private property shall not be taken or damaged for public use without just compensation. ...” The trial court sustained defendants' general demurrer to plaintiffs ’ amended complaint; it entered judgments of dismissal as to both defendants. Plaintiffs appeal these judgments.