People ex rel. Department of Public Works v. City of Los Angeles

This appeal is from a judgment in an eminent domain action following trial by jury. The State Department of Public Works (State) is the condemning body, and the City of Los Angeles (City) is the property owner. ‘The property condemned consisted of a portion of a City park commonly known as the “Victory-Van Owen Park,” and was taken for freeway and stormdrain purposes. Though all of the property necessary for the State’s purposes is within the park area, various “parcel” designations used in the pleadings and in the trial refer to portions or the whole of lots shown on a tract map. The trial of the condemnation action took 10 weeks, and the transcript extends to over 3,250 pages. The valuation for all the property taken was fixed at $4,379,122. The appraised value placed on the property by the owner was $5,774,749, and by the condemner, a low of $1,809,315. The appeal is not unexpected, though the questions raised are but four in number—a considerable compliment to the acumen of the trial judge.

Since a portion of a City park was being condemned, reference must be made to Streets and Highways Code section 103.5, 1 which authorizes the taking, and section 103.7, 2 which *49 sets…