People v. Southern Pacific Transportation Co.

Good Law
148 Cal. Rptr. 535·1978 Cal. App. LEXIS 1868·84 Cal. App. 3d 315
Court of Appeal of CaliforniaAugust 25, 1978Civ. No. 16355California3,639 words

Opinion

Lead Opinion

Evans, J.

In this eminent domain proceeding, we consider whether the trial court properly construed defendant’s 1 (Southern Pacific Transportation Company) interest in the land and correctly applied appropriate valuation standards in determining the award of damages. We have concluded that the interest taken by the state was properly categorized and correctly valued.

Plaintiff, State of California, Department of Transportation (Caltrans), sought to condemn land in Sacramento for use as Highway 50. A portion of the land needed was a strip approximately 6,380 feet long, averaging *320 21 feet in width, and was part of Southern Pacific’s 100-foot wide right-of-way in the City of Sacramento known as the “R” Street line.

Defendant produced evidence indicating its use of the right-of-way as a transportation corridor through urban Sacramento. The uses of the land at the time of the taking involved maintenance and operation of a double track railroad for service to adjoining industrial uses, transportation of people and products by rail and the latter also by pipeline. Defendant also leased portions of the right-of-way to various utilities which utilized portions of the land for…

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