Homer

Plaintiff, the City of Salinas (City), appeals from portions of final condemnation orders entered in two eminent domain cases. The appeal pertains to an award of damages in each case in the amount of $2,000 for injury to the property retained by the landowners. The two actions were consolidated for trial and tried by the court, sitting without a jury. The court awarded defendants Charles and Susan Homer a total sum of $3,867.50 for parcel 3120 and defendant Rita Stiffens a total sum of $2,847.50 for parcel 3111. Each of these amounts included legal interest and the $2,000 in question.

The facts are not in dispute. In an eminent domain proceeding, plaintiff sought to acquire fee simple title to various parcels of property on West Alisal Street in the City of Salinas for the purpose of widening the street. Parcels 3120 and 3111 are the subjects of this appeal. Defendants Homer are the owners of a larger parcel which includes parcel 3120, and defendant Stiffens is the owner of a larger parcel which includes parcel 3111. The properties in question are used and occupied as single family residences.

The City’s acquisition of fee simple title to parcels 3120 and 3111 was a…