City of Santa Clarita v. NTS Technical Systems

Good Law
137 Cal. App. 4th 264·2006 Cal. App. LEXIS 290·2006 Daily Journal DAR 2634·40 Cal. Rptr. 3d 244
Court of Appeal of CaliforniaFebruary 3, 2006B169596California4,261 words

Opinion

Opinion

Boren, J.

NTS Technical Systems, Inc. (NTS), and ETCR, Inc. (ETCR) (collectively, appellants), appeal from the judgment entered in an eminent domain action by the City of Santa Clarita (City). They contend the judgment must be reversed, because the trial court erred in finding they failed to show any qualifying goodwill loss; in excluding expert valuation testimony; and in computing the value of the “part take” (i.e., taking of a portion of the condemnee’s property). We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The City’s project entailed construction and operation of a major arterial public road about 116 feet wide denominated Golden Valley Road (GVR). In furtherance of its project, the City condemned an unimproved portion of ETCR’s property, which consisted of 148.33 acres in then a relatively remote and rural section of the City. NTS operated its Saugus/Santa Clarita facility on the property, which it leased. The condemned portion consisted of 0.461 acres (fee simple), 5.176 acres (slope/drainage easement), and 1.61 acres (temporary construction easement).

On August 3, 1999, City filed its eminent domain complaint, and made a probable compensation deposit of $48,175 based on an…

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