Hofman

Placer County Water Agency exercised the power of eminent domain to acquire easements necessary for the construction, maintenance, and use of water pipelines traversing respondents’ (Hofmans) land. In the condemnation action the jury verdict awarded the Hofmans substantial sums for expenses incurred to mitigate damages and for severance damages to the remainder of the Hofmans’ property. The court awarded the Hofmans litigation expenses. (Code Civ. Proc., § 1235.140.) It denied the agency’s request to offset the value of the Hofmans’ use of the property against the interest otherwise due on the compensation awarded in the proceeding. We will affirm the judgment except for the award of mitigation damages.

Facts

The agency decided to construct a pipeline to convey water from its water treatment plant to the City of Lincoln. The route traversed the 4,993-acre parcel of land owned by the Hofmans. It filed this action in May 1977 to acquire a permanent 25-foot-wide easement across the parcel for use as a corridor for the buried pipeline and future pipelines as needed. The agency also sought a temporary easement encompassing an additional 15 feet on each side of the permanent…