Elsmore

In this eminent domain proceeding, the state, through its Department of Public Works, acquired 0.026 acres of appellants’ 0.978 acres of unimproved lands, abutting on the San Jose-San Francisco freeway. The value of the land taken was stipulated to be $336. Defendants sought $6,500 in severance damages. The court, after waiver of a jury (Code Civ. Proe., §631), rejected defendants’ offer of proof as to severance damages and entered judgment only for the value of the land taken. On this appeal by defendants, the only question is whether the claimed severance damages are recoverable.

The facts are not in dispute. Appellants are the owners of 0.978 acres of unimproved lands described as Parcel 2 in the complaint. The only improvement to be constructed on the land taken from appellants is a chain link fence to be placed on or near the property line separating the state-acquired property from the remainder of Parcel 2. The part of Parcel 2 acquired by the state was taken for freeway purposes but not for the construction of the freeway proper. It is to be a portion of an unimproved and cleared strip about 25-30 feet wide located to the side of the freeway roadbed. This cleared strip,…