SOUTHERN CAL. EDISON CO. v. BOURGERIE

Docket No. L.A. 30095.

9 Cal.3d 169 (1973)

507 P.2d 964

107 Cal. Rptr. 76

SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff and Respondent, v. RICHARD D. BOURGERIE et al., Defendants and Appellants.

Supreme Court of California. In Bank.

March 28, 1973.


Attorney(s) appearing for the Case

COUNSEL

Jack Otero, Roger M. Sullivan and Gideon Kanner for Defendants and Appellants.

Rollin E. Woodbury, Robert J. Cahall, Harry W. Sturges, Jr., and Tom P. Gilfoy for Plaintiff and Respondent.


OPINION

MOSK, J.

The sole question at issue is whether a building restriction in a deed constitutes "property" for purposes of article I, section 14, of the California Constitution1 so that compensation must be made to a landowner who has been damaged by the construction of an improvement which violates the restriction on land acquired by eminent domain.

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