Eggert

People ex rel. Department of Public Works v. Eggert

Good Law
1969 Cal. App. LEXIS 1421·2 Cal. App. 3d 395·82 Cal. Rptr. 713
Court of Appeal of CaliforniaDecember 8, 1969Civ. No. 25923California1,254 words

Opinion

Lead Opinion

Christian, J.

*397 Opinion

This is an eminent domain proceeding brought to acquire for freeway purposes a strip along one edge of a right-of-way which had been condemned some years previously when the highway was to be built to an expressway standard. The take in the present proceeding comprises 8/10 of an acre in area, seven temporary easements for drainage purposes, and the extinguishment of two 20-foot access openings leading to the existing expressway from the property.

During the trial the jury heard the testimony of one appraiser called by the condemnor and another called by the property owner. Maps and aerial photographs displaying the subject property and the planned highway improvements were received in evidence. The jury viewed the property under the court’s direction. The verdict returned by the jury determined that the value of the property taken was $1,425.89, and that there was neither severance damage nor any special benefit attributable to the condemnation or to the construction of the anticipated highway improvements.

The condemnee’s appraiser had given his opinion that there was severance damage in the amount of $24,300 by reason of the taking of the two 20-foot openings…

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