City of Perris, Plaintiff and Respondent v. Richard C. Stamper et — Cuellar, J., Concurring in Part and Dissenting…

Summary

The opinion concurs that the legality of a proposed dedication is a question for the court but dissents from the majority's additional limitation based on when the agency expected the property to be included in the project. It maintains that a lawful and reasonably probable dedication required independently of the condemnation project must be considered in valuing the condemned strip, because paying developed-value compensation for land that could never have been developed would create an unconstitutional windfall.