Hackney

The Urban Renewal Agency of the City of Monterey instituted this action in eminent domain against Terry Cooper Hackney, Martha Cooper Votaw, and Alicia Orcutt (owners), the owners of an unimproved point of land in Monterey. Joined as defendants in the action were the Travelodge Corporation, J. Dustin Smith and Elizabeth M. Smith, who claimed a leasehold interest in the property. The trial proceedings were bifurcated in order to determine whether the Travelodge or the Smiths (appellants) had any interest in the subject real property, by reason of their purported lease before considering the question of compensation. The trial court sitting without a jury found the purported lease to be void because of uncertainty; because it violated the rule against perpetuities; because it was abandoned; and because of impossibility of performance. The court entered judgment that Travelodge and the Smiths had “no right, title, interest in or lien or charge against, or leasehold interest in . . .” the parcel. Owners and the Agency then settled on a condemnation award of $175,000, and judgment was entered in favor of the owners and against the Agency in that amount. Travelodge and the Smiths…