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MT. SAN JACINTO COLLEGE v. SUPERIOR COURT

No. E035868.

24 Cal.Rptr.3d 328 (2005)

MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT, Petitioner, v. The SUPERIOR COURT of the County of Riverside, Respondent; Azusa Pacific University, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

As Modified on Denial of Rehearing March 1, 2005.

Review Granted May 18, 2005.

Attorney(s) appearing for the Case

Redwine and Sherrill, Justin M. McCarthy, David F. Hubbard, Steven B. Abbott; Atkinson, Andelson, Rudd, Loya & Romo and John W. Dietrich, Riverside, for Petitioner.

No appearance by Respondent.

Manatt, Phelps & Phillips, George M. Soneff and Michael M. Berger for Real Party in Interest.

OPINION

KING, J.

INTRODUCTION

In a "quick take" eminent domain action, the "date of valuation" of the property is statutorily required to be no later than the date the condemner deposits "probable compensation" for the owner. (Code Civ. Proc., § 1263.110 et seq.)1 But the owner's right to receive "just compensation" for the property is a constitutional requirement which "`cannot be made to depend on state...

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