Stamper

I. INTRODUCTION

Defendants and appellants, Richard C. Stamper, Donald D. Robinson, and Donald

Dean Robinson, LLC (the owners), own a 9.1-acre parcel of land in Perris, California.

The parcel (the Stamper Property) is vacant land zoned for light industrial use. In 2005,

plaintiff and respondent, City of Perris (the City), designated certain truck routes in an

amended circulation element of its general plan. To establish one such truck route, a

section of Indian Avenue would need to be realigned and, as a result, pass through the

Stamper Property. As shown in the circulation plan, Indian Avenue would be 94 feet in

width comprising about 19 percent of the 9.2-acre parcel. In 2009, the City filed the

underlying eminent domain action to acquire the portion of the Stamper Property needed

for the Indian Avenue truck route project (the take).

The City appraised the take as undevelopable agricultural land. The City based

this appraisal on the theory that it would not approve of any development plan for the

Stamper Property unless the owners gave—or dedicated—the take to the City. Because

of this dedication requirement, the City argued, the take would either be given to the…