State Route 4 Bypass Authority v. Superior Court

These consolidated writ petitions arise from two condemnation cases brought by the State Route 4 Bypass Authority (Bypass Authority), a joint powers agency empowered to acquire property for construction of a highway in East Contra Costa County. The superior court consolidated the two cases for purposes of a bifurcated trial on an issue material to the condemnation value of both properties: the constitutional validity of a right-of-way dedication requirement applicable to properties lying along the route of the planned highway. The trial court found the requirement to be unconstitutional, which will result in a higher valuation for the properties when the next phase of the condemnation trials is conducted. The Bypass Authority filed petitions for a writ of mandate overturning the trial court’s decision as to both cases on the grounds that the trial court erred in finding the dedication requirement invalid.

Finding that writ relief is appropriate under the circumstances of these cases (see City of Glendale v. Superior Court (1993) 18 Cal.App.4th 1768 , 1776 [ 23 Cal.Rptr.2d 305 ]), we stayed further proceedings on valuation, and issued an order to show cause why the relief…