Padula

County of Mendocino v. Padula

Good Law
182 Cal. App. 2d 470·6 Cal. Rptr. 270
Court of Appeal of CaliforniaJuly 6, 1960Civ. No. 9676California847 words

Opinion

Lead Opinion

Peek, J.

Defendants own and operate a sawmill and planing mill on somewhat less than four acres of land located on the western bank of Outlet Creek in Mendocino County. Prior to the present proceeding the property was divided by a county road which wound through it at grade level and eventually led to a bridge crossing the creek. Because of frequent washouts it was decided that a new bridge should be built slightly to the south of the one then in existence. This project required construction and elevation of the bridge approach and the abandonment of a portion of the old road where it crossed defendants’ property. In addition, to complete the project as planned, it became necessary for the county to condemn approximately one-half acre of defendants’ land, thus necessitating the institution of the present action in eminent domain. At the conclusion of the trial the jury awarded defendants $960 as the value of the land taken but failed to award severance damages. It is only the latter portion of the jury’s verdict which is challenged by defendants on this appeal.

Defendants’ primary contention, which to a degree is determinative of the other issues which they raise, is that they were…

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