Young's Market Co. v. Super. Ct.Annotate this Case
Petitioner seeks a writ of mandate and/or prohibition asking the superior court to vacate its order granting the petition of real party in interest, the District, for a right of entry pursuant to the Eminent Domain Law, Code Civ. Proc., 1245.010 et seq. The superior court permitted the District to conduct certain investigations and environmental testing on petitioner's property. Petitioner argued that the District's actions constitute a taking requiring the District to file a condemnation suit to litigate the need for the taking and to provide petitioner with just compensation. The court concluded, however, that the District's proposed actions, which are temporary and limited intrusions on the property, neither violate the entry statutes nor do they constitute a taking requiring a jury determination of just compensation. Accordingly, the court denied the writ petition.