County of Monterey v. W. W. Leasing Unlimited

In a proceeding in eminent domain brought by the County of Monterey the jury awarded W. W. Leasing, Unlimited, owner of the condemned property at the time the proceeding was instituted, the sum of $7,318.50. W. W. Leasing appeals from the judgment on various grounds. We find them to be without merit, and consequently affirm.

1. Alleged error in failing to instruct that appellant had suffered severance damages through impairment of access.

Appellant was the owner of real property located in the County of Monterey near the intersection of Highway 68 and Olmstead Road. The property consisted of two parcels: one a parcel of 20,000 square feet which was zoned commercial, and the other a parcel which was zoned for “transient residential” use. The former parcel had frontage on Highway 68, which was marked so as to allow access by vehicles traveling both east and west on the highway. In 1974 the county began negotiations for the condemnation of a strip of appellant’s land contiguous to Highway 68 and consisting of 0.112 acres of 4,879 square feet, for the purpose of providing a “deceleration lane” on Highway 68 and to accommodate the construction of Olmstead Road, which at that…