Concrete Service Co. v. State Ex Rel. Department of Public Works

In an earlier appeal from a judgment in inverse condemnation, plaintiff was held to have a compensable interest in improvements, equipment and machinery located on the taken land. (Concrete Service Co. v. State of California ex rel. Dept. Pub. Wks., 274 Cal.App.2d 142 [ 78 Cal.Rptr. 923 ].) On remand, the trial court held that appellant was entitled only to the removal value of its property, a concrete batch plant. It was stipulated that the removal value was zero.

Concrete installed its plant in 1950 on land owned by Galli. It held a five-year, and later a ten-year, lease, but under both it could be compelled to remove its plant at the termination of the tenancy. Prior to the expiration of the second lease in April of 1965, both Galli and Concrete had full knowledge that the premises were located in the path of the proposed freeway, and would be condemned. Galli would have renewed the lease but for his knowledge of the condemnation. Instead, Galli entered into a month-to-month tenancy with Concrete. But Concrete refused to sign a lease proffered by Galli under which it would not be entitled to apportionment of condemnation damages.

An agent of the state appraised the…