Romano

People Ex Rel. Department of Public Works v. Romano

Good Law
18 Cal. App. 3d 63·1971 Cal. App. LEXIS 1361·94 Cal. Rptr. 839
Court of Appeal of CaliforniaMay 13, 1971Civ. 27407California3,750 words

Opinion

Opinion

Molinari, J.

Defendant appeals from that portion of the judgment in a condemnation proceeding brought by plaintiff which adjudged that defendant was not entitled to severance damages. The issue on appeal is whether the trial judge erred in determining that defendant had not suffered a substantial impairment of access as a result of the taking of a portion of her property.

By the instant eminent domain action plaintiff sought to acquire a portion of defendant’s property for the purposes of an improvement related to a state highway. In the before condition defendant’s property, an unimproved parcel of property, fronted upon the easterly side of Meridian Road (hereinafter referred to as the “old Meridian Road”) between Paula and Pedro Streets, in San Jose. Old Meridian Road ran north and south and Paula and Pedro Streets ran east and west. With relation to defendant’s property, Paula Street was to the north and Pedro Street was to the south. Old Meridian Road was 71 feet wide with four lanes of travel, two north and two south. It ran in a straight direction from beyond Fmitdale Avenue, the next street south and parallel to Pedro Street, past Paula Street to the next intersecting street…

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