People v. Corp. of the President of the Church of Jesus Christ of the Latter-Day Saints

This is an appeal by the landowner, defendant in an eminent domain proceeding. We reverse the judgment upon the authority of People v. Silveira, 236 Cal.App.2d 604 [ 46 Cal.Rptr. 260 ].

The essential facts of the case at bench are not in dispute. Respondent filed the action in eminent domain which results in the appeal now before us to acquire property for the construction of the Foothill Freeway. Prior to the taking incident to the action, appellant owned a 264-acre parcel of property located to the north of Foothill Boulevard in the Sylmar area of San Fernando Valley. The property was approximately one mile long and one-half mile deep with access to Foothill Boulevard for most of its length. Prior to the taking the property appeared generally as follows:

Respondent, by the eminent domain action, condemned two parcels consisting of a strip of land approximately 240 feet deep running the entire *374 length of the property adjoining Foothill Boulevard. After the taking, the property appeared generally as follows:

Prior to the taking, the land had unrestricted access to Foothill Boulevard. After the taking, access was limited on the south to the southeast corner and to…

I concur in the judgment.

The result of the court’s effort to reconcile Los Angeles v. Allen (1934) 1 Cal.2d 572 [ 36 P.2d 611 ] with People v. Silveira (1965) 236 Cal.App.2d 604 [ 46 Cal.Rptr. 260 ] is that when the land taken has a higher unit value than the remainder of the parcel, the landowner is entitled to an award based upon the higher value if the land taken can be sold as a distinct piece of property for a price based upon the higher value, but the landowner is not entitled to an award based upon the higher value if, because of the size or shape of the land taken, the property taken cannot be sold as a distinct piece of property for a price based upon the higher value. I think that such a rule is unfair and that it is not compelled for the reason that Allen no longer has vitality.

The Supreme Court in L.A. County Flood etc. Dist. v. McNulty (1963) 59 Cal.2d 333 [ 29 Cal.Rptr. 13 , 379 P.2d 493 ] held that “it is not proper to attribute a per-square-foot value to defendants’ entire property and then apply the value to the parcel condemned unless each square foot of defendants’ land has the same value and that, if the parcel condemned is different in quality from the…

This is an appeal by the landowner, defendant in an eminent domain proceeding. We reverse the judgment upon the authority of People v. Silveira, 236 Cal. App.2d 604 [ 46 Cal. Rptr. 260 ].

The essential facts of the case at bench are not in dispute. Respondent filed the action in eminent domain which results in the appeal now before us to acquire property for the construction of the Foothill Freeway. Prior to the taking incident to the action, appellant owned a 264-acre parcel of property located to the north of Foothill Boulevard in the Sylmar area of San Fernando Valley. The property was approximately one mile long and one-half mile deep with access to Foothill Boulevard for most of its length. Prior to the taking the property appeared generally as follows:

Respondent, by the eminent domain action, condemned two parcels consisting of a strip of land approximately 240 feet deep running the entire length of the property adjoining Foothill Boulevard. After the taking, the property appeared generally as follows:

Prior to the taking, the land had unrestricted access to Foothill Boulevard. After the taking, access was limited on the south to the southeast…