COUNTY OF SAN DIEGO v. MILLER

Docket No. L.A. 30371.

13 Cal.3d 684 (1975)

532 P.2d 139

119 Cal. Rptr. 684

COUNTY OF SAN DIEGO, Plaintiff and Respondent, v. JOHN M. MILLER, Defendant and Appellant.

Supreme Court of California. In Bank.

March 6, 1975.


Attorney(s) appearing for the Case

COUNSEL

James E. Miller, Crake, Ward, Whittemore, Aguirre & Seidenwurm and Gideon Kanner for Defendant and Appellant.

Robert G. Berrey, County Counsel, and William C. George, Deputy County Counsel, for Plaintiff and Respondent.


OPINION

CLARK, J.

We determine whether the owner of an unexercised option to purchase real property has a right to compensation when the optioned property is taken through the power of eminent domain.

For valuable consideration, appellant acquired an option to purchase property. However, before the option had been exercised, respondent county filed a condemnation action to acquire the land. (Code Civ. Proc., § 1237 et...

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