Kelber

On July 18, 1968, the City of Ontario (plaintiff)' commenced this proceeding in eminent domain to condemn 20.014 acres of land owned by Mike Kelber (defendant) for airport purposes in connection with the improvement and expansion of Ontario International Airport. The part taken constitutes a part of a larger parcel consisting of 66.424 acres. During the pleading and pretrial stages of the proceeding, the issues involved the fair market value of the 20 acres, together with severance damages and special benefits accruing to the remaining 46 acres. On the date of trial, the parties stipulated that the sole issue to be resolved was the fair market value of the 20 acres. The valuation date was fixed at May 4, 1970—the day the trial started. Kelber’s two appraisers valued the 20 acres at $1,171,404 and $1,075,525. Kelber valued them at $2,000,000. Ontario’s two appraisers stated the 20 acres had a value of $500,350 and $480,336. Following a three week trial, the jury awarded Kelber the sum of $1,150,000 for the subject property and the city appeals.

In seeking a reversal of the judgment, the city maintains that the trial judge committed the following prejudicial errors: (1) In…