Johnson v. State of California

Loris O. Johnson and Vonda Johnson appeal from a judgment of dismissal which was rendered after the court sustained a demurrer to their complaint for inverse condemnation.

Appellants alleged that they own property near the proposed route of the Guadalupe Freeway, a project being planned by respondent State of California. The project originated in 1960 as a proposed expressway to be built by the City of San Jose and the County of Santa Clara. A three-mile expressway section of the route, between Bayshore Freeway and Coleman Avenue, was constructed with local funds. In 1961, the State of California agreed to meet the cost of construction if the city and county would acquire the necessary rights-of-way. In 1969, primarily because of rapidly escalating land costs, it became necessary for the state to assume the responsibility for right-of-way acquisition. According to the tentative plans, approximately 280 parcels would be required for the project. During the 1960s, the City of San Jose and the County of Santa Clara acquired 180 parcels of land.

In the area of appellants’ property, certain parcels of land were acquired by the city and county in 1966 and 1967, and two…