People ex rel. Department of Transportation v. Redwood Baseline, Ltd.

In this appeal we confront the problem of apportioning between a property owner and the holders of first and second deeds of trust encumbering the property a condemnation award resulting from the taking of a portion of the property. The trial court found the security of the trust deed holders impaired by the taking and apportioned the condemnation proceeds. Owner appeals contending the trial court’s determination that the security of the trust deed holders was impaired was erroneous as a matter of law and that as owner it is entitled to the entire condemnation award.

The property involved is a rectangular parcel consisting of approximately 50.92 acres of unimproved land north of Baseline Avenue near Etiwanda in the County of San Bernardino. On August 15, 1974, the state through the Department of Transportation commenced an eminent domain proceeding to acquire fee ownership of 6.1 acres of the larger parcel for flood control purposes. The part taken cuts diagonally across the larger parcel, effectively dividing it in half. The northern portion of the remainder, consisting of approximately 22.5 acres, was left landlocked.

*667 Pursuant to then Code of Civil Procedure…