Contra Costa Water District v. Bar-C Properties

In this eminent domain action, a jury awarded defendants Bar-C Properties, Steven A. Capozzo and Victor Barulich (collectively Bar-C), $312,000 as compensation for the taking by plaintiff Contra Costa Water District of 43.56 acres of unimproved real property belonging to Bar-C.

Bar-C appeals from the ensuing judgment, alleging improper exclusion of the testimony of some of its witnesses, abuse of discretion in excluding small lot sales as comparables, and other assertedly erroneous evidentiary rulings. We affirm.

Background

In 1988 (further unspecified dates are to that calendar year), defendant and appellant Steven Capozzo, who was looking to buy a five- to ten-acre ranchette parcel in eastern Contra Costa County, located an irregularly shaped parcel of one hundred fifteen acres of rolling hillside land, some four miles west of Byron. The property, known as the Silver Hills Ranch, had been listed for sale by its owner, Wes Craven, for over a year at $775,000. Capozzo and his partner Victor Barulich with whom he formed Bar-C Properties, entered into a contract to buy the Craven property for $737,500, contingent upon the buyers obtaining county approval of a 10-lot…