People Ex. Rel. Department of Public Works v. Amsden Corp.

This is an appeal by the lessee (Amsden) and sublessee (Gemco) from a portion of a judgment in condemnation awarding $274,350 to the owners (Magrin) for a parcel of land in San Mateo County taken for freeway purposes by respondent State Department of Public Works (State). The main contentions are that the trial court abused its discretion in admitting the stipulation of Magrin and the State as to the fair market value of the property, and in excluding certain evidence at the valuation proceeding. We have concluded that there is no merit to any of the contentions raised by Amsden and Gemco.

Viewing the record in favor of the judgment, the following facts appear: The property in question was an unimproved parcel containing 134,800 square feet, of which 114,000 square feet were useable. The property had a frontage of about 375 feet on Coast Highway 1, and was zoned M-l. On May 19, 1968, the Magrins entered into a 50-year master ground lease with Amsden. No rental was due until June 1, 1971, more than a year after the commencement of this action on April 8, 1970, and none was ever paid. The Magrin-Amsden master lease provided that the “true value” of the property as of May…