Prout
Prout v. Dep't of Transp.
Opinion
Lead Opinion
Hull, J.
*204 Loren Prout filed an inverse condemnation action, alleging Department of Transportation (Caltrans) violated the Fifth Amendment of the United States Constitution in 2010 by physically occupying without compensation a long, narrow strip of Prout's land fronting State Highway 12, to make highway improvements. The land taken was a 1.31-acre strip, 20 feet wide *487 and about 6,095 feet long. Caltrans cross-complained for breach of contract, promissory estoppel, and specific performance, alleging Prout agreed to dedicate the strip by deed for highway purposes 20 years earlier when he obtained an encroachment permit for a subdivision he was developing. Prout's subdivision map stated the strip of land fronting Highway 12, shown by hash marks on the map, was "IN THE PROCESS OF BEING DEEDED TO CALTRANS FOR HIGHWAY PURPOSES." No deed was signed or recorded.
After a bench trial on the bifurcated issue of liability, the trial court found Caltrans validly accepted the offer of dedication by physically occupying the strip for its highway improvements, and the court awarded specific performance on Caltrans's cross-complaint and ordered Prout to execute a deed.