Hackett

Defendant W. Charles Hackett appeals judgment in an eminent domain proceeding brought by plaintiff Saratoga Fire Protection District in which defendant was not allowed to produce evidence that his Saratoga office building was worth $3.2 million at the time of trial. Defendant contends California’s eminent domain law is unconstitutional as applied to him because the mandatory use of the date the complaint was filed as the valuation date denied him “just compensation” by depriving him of the $1.2 million he claims the value of the property increased in the year between the filing of the complaint and the actual taking of the property. He also contends that the trial court erred in denying his motion for a new trial.

Facts

Plaintiff brought an action in eminent domain to condemn defendant’s office building and parking lots that stood on three parcels at 20473 Saratoga-Los Gatos Road in Saratoga. The building was across a small parking lot from plaintiff’s existing fire station and plaintiff wanted the property to use as a firefighters’ residence, offices for public safety personnel, public parking, and other public uses.

The parties stipulated that the property was worth…