City of Mountain View v. Superior Court

Opinion

RATTIGAN, J.

This proceeding involves the problem of an apparent overlap between the eminent domain law and the relocation assistance law. A person sued by a public entity in a condemnation action, brought under the eminent domain law for the acquisition of his real property for a public use, may plead and recover the “just compensation” to which he is entitled for the loss of the property. (Cal. Const., former § 14 and present § 19 [see fn. 1, ante]; Code Civ. Proc., §§ 1246, 1264.7.) If the acquisition has physically “displaced” him from the property, the relocation assistance law may…