Mitakis

Appeal from judgment of the superior court granting plaintiff’s petition for a peremptory writ of mandate directing respondent to set aside its decision denying certain relocation assistance benefits to plaintiff. Affirmed.

Facts:

Certain background facts relevant to this action can be found in our decision in Albright v. State of California (1979) 101 Cal.App.3d 14, 17 [ 161 *686 Cal.Rptr. 317 ], That case involved certain issues on relocation assistance to displaced homeowners following the state’s acquisition in February 1973 of private property in Topanga Beach for public use. Because the individuals were leasing the land on which their homes were situated, the state took the position that they were mere renters and therefore eligible only for a maximum of $4,000 in relocation benefits (Gov. Code, § 7264) rather than the $15,000 maximum available to displaced homeowners (Gov. Code, § 7263). We pointed out in Albright that while the displaced homeowners did not own the underlying land, they had entered into long-term leases (15 years) and had exercised rights and duties consistent with those of owners in fee. For these and other reasons set forth in Albright we…