Hay

Pacific Gas & Electric Co. v. Hay

Good Law
137 Cal. Rptr. 613·1977 Cal. App. LEXIS 1377·68 Cal. App. 3d 905
Court of Appeal of CaliforniaApril 5, 1977Civ. No. 38365California2,724 words

Opinion

Lead Opinion

Taylor, J.

This is an appeal 1 by several owners of real property (hereafter collectively referred to as Hay) from a judgment denying relief on their amended cross-complaint seeking damages for inverse condemnation, and malicious infliction of pecuniary harm in a condemnation action initiated by Pacific Gas and Electric Company (hereafter PG&E) and subsequently abandoned. We have concluded that there was sufficient evidence to support the trial court’s findings and conclusions that the condemnation action was filed in good faith and was reasonable and fully justified by the circumstances, and that Hay’s only remedy was the recovery of its costs and disbursements in the condemnation proceeding pursuant to former Code of Civil Procedure section 1255a, subdivision (c).

The findings and record reveal the following chronology of pertinent facts:

*909 In 1971, Hay submitted to the county planning commission a tentative subdivision map dividing the property into 10-acre parcels; approval was likely. However, on May 3, 1972, PG&E filed its condemnation complaint to acquire a 900-foot-long easement for power transmission by 28 steel towers to be constructed along 130.593 acres of Hay’s…

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