People Ex Rel. Department of Transportation v. Union Pacific Land Resources Corp.

In this case we determine that where a public agency, after entry of judgment but before taking possession, timely abandons an eminent domain proceeding, in whole or in part, the landowner is not entitled to receive interest on the award for the abandoned portion from the date of entry of the judgment until entry of the dismissal order. Defendants Union Pacific Land Resources Corporation, Los Angeles & Salt Lake Railroad Company, Southern Pacific Transportation Company and the Atchison, Topeka, and Santa Fe Railway Company (Railroads) appeal from an order of the superior court denying them interest on the portion of a judgment award for property originally sought to be acquired by the City of Los Angeles (City) where the eminent domain proceeding for that piece of property was abandoned.

The People of the State of California acting by and through the Department of Transportation (State) and the City commenced eminent domain proceedings against the Railroads in January 1982 for approximately 52 acres of property known as the Los Angeles Union Station Passenger Terminal. In the first cause of action, the State sought to acquire approximately 1.8 acres for an extension of…