McNamara

Appellant the People ex rel. Department of Transportation (DOT) challenges the trial court’s rulings in an eminent domain action in which DOT took a residential property from respondents Michael R. and Rosealinda McNamara. DOT contends that the trial court erred in (1) finding that DOT was liable for precondemnation damages, (2) granting judgment notwithstanding the verdict (JNOV) on the' amount of precondemnation damages, and (3) awarding litigation expenses to the McNamaras. We conclude that the McNamaras failed to introduce substantial evidence that they were entitled to recover precondemnation damages. Consequently, both the judgment and the award of litigation expenses, which depended on the McNamaras’ entitlement to precondemnation damages, must be reversed.

I. Factual Background

The McNamaras bought a 1.24-acre lot in Prunedale near Highway 101 in 1982. They planted trees along the border of the property to shield the view of the highway in anticipation of building a home on the lot. In 2002, when Michael McNamara was nearing his retirement from the military, they began planning the home they would build on the lot. The McNamaras attended a meeting held by DOT…