CONCRETE SERVICE v. ST. OF CALIF. DEPT. PUB. WKS.

Docket No. 25544.

274 Cal.App.2d 142 (1969)

78 Cal. Rptr. 923

CONCRETE SERVICE COMPANY, Plaintiff and Appellant, v. STATE OF CALIFORNIA ex rel. DEPARTMENT OF PUBLIC WORKS, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

June 19, 1969.


Attorney(s) appearing for the Case

Rogers, Vizzard & Tallett, Vatuone & Maino, John D. Rogers and Robert Vatuone for Plaintiff and Appellant.

Harry S. Fenton, Jack M. Howard, R. Hollis Elliott, William R. Edgar and Lee Tyler for Defendant and Respondent.


ELKINGTON, J.

The question posed on this appeal is whether a condemning authority, desiring to acquire real property for a public use, may avoid payment for personal property consisting of industrial equipment owned by a tenant, which is admittedly part of the realty for purposes of condemnation, by the device of an out-of-court purchase of the landlord-owner's fee followed by the authority's termination of the tenancy and demand for the land "clear of all improvements...

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