Leonard v. People ex rel. Department of Transportation

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 [1299]affirmed in People ex rel. Dept. of Public Works v. Stevenson & Co. (1961) 190 Cal.App.2d 103 [11 Cal.Rptr. 675].

The Interstate 405 freeway and the southbound off-ramp onto Sepulveda Boulevard were constructed as planned. In 1973, a 12-story hotel and conference center was constructed on a portion of the property. In 1980-1981, an office building was constructed on another portion of the property.

In 1986, respondent State of California acting by and through the Department of Transportation (Caltrans) closed the southbound off-ramp adjacent to the property, and relocated it one-half mile south. On March 22, 1989, appellants brought this action for inverse condemnation, seeking compensation for the closure of the off-ramp. After a court trial, judgment was entered in favor of Caltrans. Appellants filed this timely appeal.

Discussion