Breidert
Breidert v. Southern Pacific Co.
Opinion
concurrence Opinion
Traynor, J.
Although I adhere to the views set forth in my dissenting opinion in Bacich v. Board of Control, 23 Cal.2d 343, 366-380 [ 144 P.2d 818 ], that case is the law of this state until it is overruled. I therefore concur in the judgment herein under the compulsion of the Bacich ease.
lead Opinion
Tobriner, J.
In this case of inverse condemnation we must decide whether a property owner who loses the use of the next intersecting street which affords him access to the general system of public streets should be compensated. As we point out, although the bare allegation of a cul-de-sac does not in itself suffice to establish a compensable right, a showing of a substantial impairment of the property owner’s right of access to the system of public streets does so. Since the complaint in this case alleges such substantial impairment, it withstands a general demurrer.
Plaintiffs are, respectively, the owners, lessors and lessee of a parcel of improved real property located in the City of Los Angeles. Fronting on Vaughn Street, which runs in an easterly and westerly direction, the property is situated at the southeast corner of Vaughn and the right-of-way of the Southern Pacific Railroad, which runs north and south. Immediately to the west of the right-of-way and parallel to it, lies San Fernando Road. The property has been improved by a one-story factory building used for the manufacture of air-conditioning equipment.