Cole
People Ex Rel. Department of Transportation v. Cole
Opinion
Opinion
Dossee, J.
The trial court dismissed this eminent domain action, finding that the public agency failed to provide the property owners with an adequate written statement of the basis of its offer for the property. The agency contends the court’s ruling is erroneous on several grounds.
We find the property owners waived any objection to the adequacy of the written statement provided by the agency, and we reverse the judgment dismissing the action.
Factual and Procedural Background
The property to be acquired is part of a larger parcel located in the City of Pleasant Hill and owned by Richard L. Cole and Edythe P. Cole. On October 4, 1990, the Department of Transportation (the Department) offered the Coles $711,000 for the property. Six hundred forty-four thousand dollars of this sum represented the market value of the property, which included the value of one building located on the property and the value of a portion of a second building that was partially on the property. The remaining $67,000 represented the Department’s estimate of rehabilitating the second building for future use after its partial demolition. The Department provided the Coles with a written “Appraisal Summary…