San Francisco Bay Area Rapid Transit District v. Fremont Meadows, Inc.

This is an appeal by San Francisco Bay Area Rapid Transit District (BART) in an eminent domain action from the order granting a new trial in favor of Fremont Meadows, Inc. (condemnee) on the grounds of an inadequate award of damages.

The sole issue presented at the trial was the fair market value of the property acquired by BART in the eminent domain proceedings. The jury returned a verdict evaluating the property at 90 cents per square foot or a total of $391,252. The trial court granted a new trial on the grounds of inadequate damages and insufficiency of the evidence to justify the verdict. BART, pursuant to Code of Civil Procedure section 1254, subdivision (a), paid into court the money to satisfy the judgment. The condemnee applied for and was granted the right to withdraw the amount deposited and filed a “Receipt and Abandonment of All Defenses Except as to the Amount of Damages.”

BART on this appeal contends (1) that the trial court failed to comply with sections 657, 660, and 662.5 of the Code of Civil Procedure in the granting of a new trial; (2) that there was an abuse of discretion in the granting of a new trial; (3) that the condemnee waived the right to a…