Stoskus

In this case we consider the question whether an award of severance damages in an eminent domain proceeding should include the amount of a special assessment lien placed upon the condemnee’s property to assist in financing the construction of a public improvement. We have concluded that the trial court properly refused to consider evidence, of the assessment lien for purposes of measuring defendant’s severance damages.

Plaintiff City of Baldwin Park (“City”) filed a complaint in eminent domain on November 16, 1967, to obtain an easement for construction of a public street and storm drain over 11 parcels of land, each of which was part of a larger parcel. One of those parcels was owned by defendant Stoskus. The acquisition of the easement was undertaken following the formation of • a special assessment district pursuant to the Improvement Act of 1911 (Sts. & Hy. Code, § 5000 et seq.), which district included the Stoskus property. Upon completion of the construction, the amount of. the assessment as to each property owner was calculated and confirmed by City following a public hearing. Although Stoskus objected to the amount of her assessment at the hearing, she took no…