Mindlin

Los Angeles County Flood Control District v. Mindlin

Good Law
106 Cal. App. 3d 698·165 Cal. Rptr. 233·1980 Cal. App. LEXIS 1910
Court of Appeal of CaliforniaJune 9, 1980Civ. 56717California6,928 words

Opinion

Opinion

Jefferson, J.

Plaintiff Los Angeles County Flood Control District (hereinafter referred to as the District) brought an eminent domain action against various entities and individuals, including defendant Allen I. Mindlin, M.D. The District sought title to certain property located on the Santa Clara River in unincorporated county territory north of Newhall, California, for the purpose of constructing a flood control system for the river.

The particular parcel which was the subject of this litigation was owned by defendant Mindlin and has been referred to throughout as parcel 61-A. It is a triangular piece of property of a little more than an acre, abutting the Santa Clara River. At the time of taking, it was unimproved but zoned C-3 (General Commercial).

Prior to trial, the parties agreed that the date of September 3, 1972 would be considered to be the date of condition of the property for purposes of its valuation, that date being a date falling between the filing of the complaint and defendant’s answer. But the parties were unable to agree on the value of the parcel; they held widely disparate views on this key issue. The District took the position that the parcel was of minimal…

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