Coachella Valley Water Dist. v. Western Allied Properties, Inc

In Coachella Valley Water Dist. v. Western Allied Properties, Inc. (1987) 190 Cal.App.3d 969, the plaintiff water district condemned 30 acres of the defendant's 680-acre parcel for construction of a flood control channel. (Coachella, supra, 190 Cal.App.3d at p. 978.) The channel bisected the defendant's property, leaving a portion of the remainder completely landlocked. (Ibid.) The resolution of necessity did not expressly provide for access across the channel, and it was undisputed that the defendant's access to its remaining 530-acre parcel was contingent upon the plaintiff's discretionary approval. (Ibid.) The defendant argued that the trial court erred in "permitting the jury to determine whether there was a reasonable probability the defendant property owner would be granted access across the channel at some time in the future." (Ibid.) Citing Bressi, supra, 184 Cal.App.3d 112, the defendant urged that "evidence of the reasonable probability the Water District will grant access improperly limits the scope of the taking as defined in the resolution of necessity." (Coachella, at p. 978.) In dicta, the Court of Appeal observed, "Here, as in Bressi, the issue raised by the defendant is easily eliminated by formal amendment to the resolution of necessity before retrial of the valuation phase" (ibid.) and offered the following "guidance" to the trial court on retrial: "Absent action by the Water District to amend the complaint, on remand the court should follow the principles set forth in Bressi in determining the evidence to be presented to the jury." (Id. at pp. 977, 979.)