LOS ANGELES CTY. METRO. TRANSP. v. CONTINENTAL DEV.

Docket No. S051436.

16 Cal.4th 694 (1997)

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Plaintiff and Appellant, v. CONTINENTAL DEVELOPMENT CORPORATION, Defendant and Appellant.

Supreme Court of California.

August 25, 1997.


Attorney(s) appearing for the Case

COUNSEL

Nossaman, Guthner, Knox & Elliott, Mary Lou Byrne, Abraham C. Meltzer and James C. Powers for Plaintiff and Appellant.

James K. Hahn, City Attorney (Los Angeles), Patricia V. Tubert, Assistant City Attorney, and Kenneth Cirlin, Deputy City Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Palmieri, Tyler, Wiener, Wilhelm & Waldron, Angelo J. Palmieri, Bruce W. Dannemeyer and Frank C. Rothrock for Defendant and Appellant.

James S. Burling, Stephen E. Abraham, Sullivan, Workman & Dee, Henry K. Workman, Berger & Norton and Gideon Kanner as Amici Curiae on behalf of Defendant and Appellant.


OPINION

WERDEGAR, J.

The taking of private property in eminent domain is constrained by the California Constitution, which provides in relevant part that "[p]rivate property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner." (Cal. Const., art. I, § 19; see also U.S. Const., Amends. V, XIV.) By statute, the owner of property...

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