Contra Costa County Flood Control & Water Conservation District v. Lone Tree Investments

In this eminent domain action, the public agency contends that the trial court erred when it refused to explicitly instruct the jury to value the condemned property as agricultural property. The jury assigned a value to the property consistent with its use as commercial property. We conclude that the condemned property should have been valued based on its use as agricultural property, and we reverse the judgment and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

On July 24, 1989, the Contra Costa County Flood Control and Water Conservation District (District) filed a complaint in condemnation in order to acquire a 4.928-acre strip of land owned by Lone Tree Investments (Lone Tree). The District intended to use the strip of land as part of a major flood control project in Eastern Contra Costa County. Attached to the complaint was a resolution of necessity (Code Civ. Proc., § 1245.220) from the county board of supervisors authorizing the acquisition of the 4.928-acre parcel (the take).

The take was a portion of an undeveloped 38.42-acre parcel owned by Lone Tree and located in the City of Antioch. A “specific plan” adopted…