Donaldson

This is an appeal by the state from a judgment and final order of condemnation. Respondents were the owners of 7.8 acres of steep hillside on the north side of Mountain Boulevard in Oakland described as Parcels 3A and 3B in the complaint which appellant sought to condemn for state highway purposes. The jury found the fair market value was $48,000, or approximately $6,000 per acre. Appellant contends that the court erred in instructing the jury and in the admission of certain evidence.

Respondents’ chief evidence of comparable sales was their sale of similar steep undeveloped property in 1954 to the Cerebral Palsy Foundation for about $9,000 per acre, and in 1957 to the Greek Orthodox Church for about $23,000 per acre. On cross-examination, respondents’ expert witness admitted that prior to both of these sales, certain grading had been done on the Cerebral Palsy property and tons of material had been removed from the church property.

The state’s expert witnesses relied for comparables on two other sales located in the immediate vicinity: the 1957 sale by Collonas to the state for approximately $2,800 per acre and the 1962 sale by Creque to the state for approximately $2,933 per…