A.D. Improvements v. Dept. of Transportation

Filed 10/22/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

A.D. IMPROVEMENTS, INC., D082751

Plaintiff and Appellant,

v. (Super. Ct. No. CIVSB2132716)

DEPARTMENT OF

TRANSPORTATION,

Defendant and Respondent.

APPEAL from an order of the Superior Court of San Bernardino County, David S. Cohn, Judge. Reversed and remanded with directions. Hunt Ortmann Palffy Nieves Darling & Mah, Dustin Lozano and Emily Zung Manninger for Petitioner and Appellant. Erin E. Holbrook, Chief Counsel, Jerald M. Montoya, Deputy Chief Counsel and Mark Berkebile for Respondent A.D. Improvements, Inc. (ADI), which leases property from the California Department of Transportation (Caltrans), appeals the trial court’s denial of a writ directing Caltrans to sell it the property. This appeal involves the interpretation of Streets and Highways Code section 118.1. The provision requires Caltrans to offer to sell at fair market value “commercial real property acquired for the construction of a state highway, but no longer required for that purpose,” to an occupant leasing the land. (Sts. & Hy.…