Izant

The Santa Cruz Redevelopment Agency (Agency) sought an easement over a private parking area owned by appellants. Agency adopted a resolution of necessity and then filed a complaint in eminent domain. After prohibiting appellants from introducing any evidence except for a four-page document, the trial court ruled that Agency possessed the right to take. Compensation was set at $125,000 and a judgment in condemnation was entered. For reasons we shall explain, we reverse.

Facts and Procedural Background

This case concerns an easement over appellants’ property. The easement is to be used by the public and Pacific Western Bank patrons. The area in dispute is located in Soquel Village. It consists of four parcels. One parcel is owned by Pacific Western Bank. It is the site of the bank building, four drive-through windows, an automatic teller machine, and parking lot. The property has frontage on Porter Street and Soquel Drive. However, the only access is by a one-way entrance on Porter Street and a one-way exit via a ramp and easement to Soquel Drive. The easement is shared by all businesses on Soquel Drive between Porter Street and Soquel Creek, as well as being the only…