County of San Diego v. Miller

Opinion

CLARK, J.

We determine whether the owner of an unexercised option to purchase real property has a right to compensation when the optioned property is taken through the power of eminent domain.

For valuable consideration, appellant acquired an option to purchase property. However, before the option had been exercised, respondent county filed a condemnation action to acquire the land. (Code Civ. Proc., § 1237 et seq.) Appellant filed an answer in the action (Code Civ. Proc., § 1246), alleging the existence of his option and seeking compensation to the extent the land’s fair market value…