Wilson

People Ex Rel. Department of Transportation v. Wilson

Good Law
1994 Cal. App. LEXIS 593·25 Cal. App. 4th 977·31 Cal. Rptr. 2d 52·31 Cal. Rptr. 52·94 Daily Journal DAR 9552
Court of Appeal of CaliforniaMay 10, 1994G013803California1,793 words

Opinion

Opinion

Sonenshine, J.

Thomas H. Wilson appeals from denial of severance damages in a condemnation action.

I

In 1954, the State of California (State) purchased land from Wilson’s parents for construction of the Santa Ana freeway. In 1991, it sought to purchase an additional parcel as part of its widening plan. The parties agreed on a price, but Wilson maintained he was entitled to severance damages as well.

The matter proceeded to trial, Wilson argued the erection of a 14-foot sound wall on property bordering the freeway and extending 100 feet onto the recently acquired property would block northbound travelers’ views of his business. The State maintained the 1954 deed relinquished Wilson’s rights to severance damages and, in any event, no right of view existed. The trial court agreed with the State, finding “the Wilsons and the condemnee had previously quitclaimed all abutter’s rights in an earlier taking, and . . . this taking ... did not revive any abutter’s rights. B] • • • [A]nd even if that weren’t the case ... as a second basis for the ruling . . . the property had no rights to a view from the freeway.” Because no extrinsic evidence is involved, we exercise our independent judgment in…

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