Murata

This condemnation case went to the jury-on June 17, 1957, just four days before the Supreme Court filed its opinion in County of Los Angeles v. Faus, 48 Cal.2d 672 [ 312 P.2d 680 ]. The state appeals from the judgment on the verdict awarding defendants a total of $610,763 for nine parcels of real property totaling approximately 53 acres. The property was taken for the Harbor Freeway right of way. The date of valuation was January 4, 1956. At that time the land was being used for agricultural purposes. Apparently there was substantial agreement that the highest and best use to which most of the land was adaptable was for residential subdivision. However, defendants point to evidence that the staff of the County Regional Planning Commission had recommended a change of zone to permit commercial uses with respect to certain portions of the property fronting on Florence Avenue. Defendants contended that these portions would be adaptable to commercial development.

The state’s first assignment of error is based on the refusal of the trial court to give substantially the same cautionary instructions (relative to prices paid by governmental agencies in purchases of other properties) the…