DOT

Bayside Auto and Truck Sales, Inc. (Bayside) appeals from an order denying its petition for writ of mandate to compel the California Department of Transportation (Caltrans) to offer it for sale real property in San Francisco which it has leased from the state since 1973. The main contention here, as below, is that Caltrans had a mandatory duty to offer Bayside the land for sale as excess property under section 118 et seq. of the Streets and Highways Code (all further section references are to that code unless noted otherwise) and Caltrans regulations. We affirm the judgment.

Bayside has run an auto wrecking business on the subject property, 1900 Evans Avenue in San Francisco, since 1973—since July of 1975 under a series of leases with Caltrans. First acquired by condemnation in 1965 for a highway interchange project along 1-230 between 1-280 and 1-101, the property ceased to be needed for that purpose when the project was rescinded by resolution of the California Highway Commission (now California Transportation Commission [commission]), in October 1976. The resolution authorized Caltrans to dispose of previously acquired rights of way along that route.

The point of…