People Ex Rel. Department of Public Works v. Hayward Building Materials Co.

This is an eminent domain proceeding brought to acquire for highway purposes certain real property and improvements owned by the appellant Hayward Building Materials Co. The property condemned, referred to in this proceeding as parcel 25, has an area of 18,992 square feet. It is part of a larger parcel owned by appellant, the total area of which is 84,898 square feet. The remainder, not acquired by the state, therefore has an area of 65,906 square feet.

All of the property, both parcel 25 and the remainder, was improved and used as a building materials plant and sales yard. At the commencement of the instant action it was operated by Pacific Cement & Aggregates, Inc. under a lease from appellant. A disclaimer and waiver by such lessee of any interest in the award was filed in the court below on the first day of the trial. There was also filed at the same timé a stipulation entered into between the parties that the fair market value of parcel 25, of the improvements thereon, and of a certain building owned by appellant but located on an adjoining railroad right-of-way, was the sum of $42,520. In accordance with additional provisions of the stipulation, the amount of severance…