Presley

Defendants own an apartment house on the corner of Tehama and Liberty Streets in Redding, California. They also owned the fee underlying a portion of Tehama Street and entirely occupied thereby. This parcel adjoints the lot on which the apartment house is located.

In this condemnation proceeding the state, as part of a freeway project, condemned the fee of the parcel underlying Tehama Street along which the freeway will run and also condemned the access rights of defendants to Tehama Street. The proceeding was tried to the court.

The sole question raised on appeal is whether the trial court erred when in fixing damages for the eondemnees’ loss of access and similar rights it refused to include any amount for (1) the increased noise, fumes and annoyance which would result from the more heavily trafficked freeway, and (2) for loss of street parking privileges on Tehama Street previously enjoyed. (Defendants ’ parking privileges on Liberty Street will be unaffected by the street improvement.) Our holding is that neither of the matters referred to is a property interest and that, therefore, the losses claimed are not compensable, and we will affirm the judgment.

The particular…