Heller

Respondent Redevelopment Agency of the City of Pomona filed a complaint in eminent domain against appellant Kenneth B. Heller as trustee, to acquire appellant’s real property for a redevelopment project. Subsequently respondent abandoned this eminent domain proceeding. (Code Civ. Proc., § 1268.510.) More than 30 days after notice of abandonment, appellant filed opposition to respondent’s motion to dismiss the proceeding, and requested leave to file a second amended answer to the complaint in eminent domain, seeking to recover monetary damages for precondemnation delay under Klopping v. City of Whittier (1972) 8 Cal.3d 39 [ 104 Cal.Rptr. 1 , 500 P.2d 1345 ], The court denied appellant’s request for leave to file a second amended answer, and dismissed the action. Appellant appeals from the judgment of dismissal.

We hold that the trial court properly dismissed the eminent domain proceeding and that appellant’s claim for Klopping damages must now be pursued by a separate action for inverse condemnation.

A public agency files a complaint in eminent domain in order to acquire property for a public purpose. (Klopping v. City of Whittier, supra, 8 Cal.3d at p. 43 .) Section…