Lipari

This is a proceeding in eminent domain whereby the People of the state, acting by and through the Department of Public Works, condemned real property in Riverside County for freeway purposes. The action involved many parcels of property owned by various owners. Property owned by the defendants and respondents, Felice and Laura Lipari, was designated in the complaint as parcels 37 and 37A through 37H. These parcels constitute the right-of-way for the freeway, the smaller parcels taken for a temporary right-of-way, parcels to secure earth for necessary filling, and parcels for the construction of an overpass for Buchanan Street, a roadway through the property. The overpass was constructed in order that Buchanan Street could cross the freeway without interfering with the traffic thereon.

The issues relative to the Lipari property were separately tried and a jury determined the amount of the award. A judgment of condemnation was entered and the People moved for a new trial, which motion was denied. This appeal followed.

The respondents were the owners of a ranch property consisting of approximately 454 acres lying between Riverside and Corona. The property is irregular in shape and…