People ex rel. Dep't of Pub. Works v. Scheinman

FORD, P. J. On this appeal from a judgment in an action in eminent domain the question to be resolved is whether the trial court properly determined that the parcel of land being condemned enjoyed legal rights of access in and to the Ventura Freeway1 from Lewis Road. The property was located at the southeast corner of Lewis Road and the Ventura Expressway2 in the community of Agoura and was improved with an automobile service station and a café which had been in operation since 1958.

A freeway agreement dated September 20, 1949, was entered into by and between the State of California and the County of Los Angeles. Therein it was recited that the California Highway Commission had adopted a resolution on April 18, 1946, declaring the section of State Highway VII-LA-2-C in the County of Los Angeles between Woodlake Avenue in the City of Los Angeles and the Los Angeles-Ventura County Line to be a freeway. In that document the county agreed and consented to the closing of county highways, the relocation of county highways, and other construction affecting county highways, all as shown by maps attached to the agreement and made a part thereof.3 One of those maps [183]showed that Lewis Road would be connected to the freeway on each side of the freeway.

The issue of the right of access in and to the freeway was presented to the trial court on the basis of facts as to which the parties were in agreement. On February 23, 1949, L. L. Colodny and Lillian Colodny, the predecessors in interest of the defendants Scheinman, conveyed to the State of California by a grant deed a parcel of land of which a portion is within the right of way of the Ventura Expressway. In that deed it was provided in part as follows: ‘ ‘ This conveyance is made for the purposes of a freeway, and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights of access, appurtenant to grantor’s remaining property, in and to said freeway. ’'

Thereafter it was determined that an adjoining parcel owned by the State of California was not necessary for highway purposes. That parcel was approximately triangular in shape, one side adjoining the freeway and one side running along Lewis Road for a short distance. On July 26, 1949, the State of California conveyed that parcel to L. L. Colodny, the deed being in part as follows: “Excepting and Reserving unto the State of California any and all rights of ingress to or egress from the land herein conveyed over and across the Northerly and Northwesterly lines thereof.