Los Angeles County Metropolitan Transportation Authority v. Continental Development Corp.

KENNARD, J., Concurring and Dissenting.

Without any good reason for doing so, the majority abandons California’s adherence to a long-established rule of American law followed by most other states. The rule in question operates in the field of just compensation for property taken for use by the government, specifically in cases where the government appropriates only a *723portion of a landowner’s parcel of real property. In such cases, the landowner receives, in addition to compensation for the portion taken, compensation for damages to the remainder not taken. (Code Civ. Proc., §§ 1263.310,…