Southern California Edison Co. v. Bourgerie

Opinion

MOSK, J.

The sole question at issue is whether a building restriction in a deed constitutes “property” for purposes of article I, section 14, of the California Constitution1 so that compensation must be made to a landowner who has been damaged by the construction of an improvement which violates the restriction on land acquired by eminent domain.

*171In 1964, defendants purchased a tract of land in Santa Barbara from the Bank of America; the bank retained a portion of the tract adjoining defendants’ property on the west. The deed from the bank to defendants provided that the property…