People Ex Rel. Department of Public Works v. Salem Development Co.

The defendant Salem Development Co., Inc., has appealed from that portion of a judgment in an eminent domain proceeding which fails to allow interest on an award, and from an order of the court refusing to charge the jury with defendant’s proposed instruction respecting interest. The latter point is of no concern for the reason that if defendant is entitled to interest it is not a factual situation to be decided or calculated by the jury, but follows as a matter of law without the necessity of a jury instruction. There was no error in refusing the instruction. (Code Civ. Proe., § 2102.)

On August 19, 1960, the People sued to condemn app ellant’s unimproved property for freeway purposes. On August 23, 1960, an order for possession of the property was signed by the court and entered by the clerk, authorizing respondent to take immediate possession upon compliance with section 1243.5 of the Code of Civil Procedure, with the provision “that the effective date of this Order for Possession for purposes of section 1255b of the Code of Civil Procedure shall be the date stated for the taking of physical possession of said property contained in the notice required by section 1243.5 of the…