State Ex Rel. Department of Water Resources v. Clark

This is an appeal by some defendants from a judgment in a condemnation action brought by the state against them and others. The properties of the appealing defendants, viewed together, totalled approximately 410 acres. Property taken by the state approximated 48 acres, leaving defendants with remainders. The jury awarded appellants approximately $51,000 for the parcels taken and $1,000 for severance damages to the remainders. As stated by appellants in their opening brief, “The major dispute here was over severance damages.”

Appellants contend that rulings made by the trial court erroneously restricted the jury’s consideration of the properties’ conditions to the stipulated date of value, whereas the date of issuance of the summons should have been used. These rulings are purported to have resulted in a diminution of severance damages and, to a lesser degree, the damages for the parts taken.

The summons was issued on December 27, 1967. The various appealing defendants answered on April 17, 1968. Thereafter, following various continuances, first and final pretrial hearings were held; trial of the case began July 8, 1970.

Code of Civil Procedure section 1249, as…