People Ex Rel. Department of Public Works v. Peninsula Enterprises, Inc.

This case presents two appeals stemming from an eminent domain action wherein the primary issue of concern was the compensation to be awarded the owners of certain vacant land (hereinafter referred to as owners) for a partial taking of their property by the State of California, acting by and through the Department of Public Works (hereinafter condemner).

Statement of the Case

Condemner initiated this action on July 14, 1972, in order to acquire 72,000 square feet of the subject property’s 92,000 square feet for freeway purposes, specifically the construction of on and off ramps for the San Diego freeway. The owners were also to be deprived of access rights along 70 feet of the remainder’s frontage. In addition to seeking the usual damages associated with such a taking, owners also sought damages for condemner’s allegedly unreasonable actions during the precondemnation period.

The trial was essentially conducted in three phases: (1) a nonjury trial to establish whether condemner should be liable for precondemnation damages; (2) a hearing in limine determining the scope of permissible evidence; and (3) a jury trial on the value of the property taken and the amount of…