The Sixth Appellate District affirmed a judgment. The court held that where a city condemned a roadway easement over existing railroad tracks, the railroad company’s compensation properly distinguished between the tracks themselves, for which the railroad was entitled to only nominal compensation, and the area adjacent to the tracks, for which the railroad was entitled to fair market compensation.
The City of San Jose sued Union Pacific Railroad Company to condemn roadway easements over railroad tracks so as to widen a road already traversing the tracks. The parties agreed on the taking and litigated the compensation issue in a court trial based on stipulated facts.
