Becker

People ex rel. Department of Public Works v. Becker

Good Law
1968 Cal. App. LEXIS 2354·262 Cal. App. 2d 634·69 Cal. Rptr. 110
Court of Appeal of CaliforniaMay 31, 1968Civ. No. 8772California2,767 words

Opinion

Lead Opinion

Whelan, J.

Defendant property owners appeal from a judgment in condemnation insofar as the judgment denied any severance damages.

Statement of Pacts

Defendants’ property before the taking was an irregularly shaped parcel containing 1.52 acres. The property fronted on Interstate Highway 8, sometimes known as Highway 80. The property was improved with a service station and its auxiliary improvements plus a one-story house and garage. Parcel 1, the part taken, has an area of .14 acres, and the property remaining to defendants has an area of 1.38 acres.

The property taken has become a part of the right-of-way of the state highway on which defendants’ remaining property now fronts. That highway is now a frontage road that connects at both ends with Interstate 8 in its new location to the north. The southerly line of the new right-of-way of the frontage road passes through the service station improvements and all such improvements touched by the line were acquired by the state.

In the before condition, defendants had access to the right-of-way of the old State Highway 80 all along the frontage of their property. In the after condition they have access to the frontage road, which is slightly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.