Tobriner

Redevelopment Agency v. Tobriner

Good Law
1989 Cal. App. LEXIS 1173·215 Cal. App. 3d 1087·264 Cal. Rptr. 481
Court of Appeal of CaliforniaOctober 10, 1989A039314California6,144 words

Opinion

Opinion

White, J.

The individual owners of the separate parcels of land located in the Concord Park and Shop Center on Willow Pass Road in Concord (the Concord Center) appeal from a judgment in condemnation finding that their nonexclusive appurtenant easement rights condemned herein were of no value, and ordering nothing in compensation for the taking thereof by the Redevelopment Agency of the City of Concord (the Agency). The judgment from which this appeal is made was entered at the close of the second trial in this eminent domain proceeding, following our previous remand in Redevelopment Agency v. Tobriner (1984) 153 Cal.App.3d 367 [ 200 Cal.Rptr. 364 ], certiorari denied 469 U.S. 882 [ 83 L.Ed.2d 187 , 105 P.2d 250 ] (hereafter Tobriner I). We affirm.

I

The factual background of the Agency’s complaint in eminent domain is set forth in Tobriner I. As stated there, the only property interests which the Agency sought to condemn in bringing this action in eminent domain were nonexclusive easements for parking and automobile and pedestrian ingress and egress held by the appellant owners over an area of real property in the rear portion of the Concord Center parking lot. This area, some…

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