County of Los Angeles v. Smith

Defendants Dorothy Ann Smith and James Ashburner Smith, Jr., appeal from one paragraph only of an interlocutory judgment in condemnation. The judgment determined that defendants were entitled to the sum of $51,000 plus interest as (1) just compensation for the taking of a parcel described therein as “Parcel 5-10,” comprising (a) fee title to 1,264 square feet of a total of 12,139 square feet in the contiguous ownership of defendants, (b) title to a two-story, masonry *752 commercial building lying partially within the area taken and partially within the remaining land of defendants, and (c) the right and easement to enter upon the remaining contiguous land of defendants for a limited period for the purpose of removing the commercial building therefrom, and (2) just compensation for the severance damage accruing to the portion not being condemned “by reason of its severance from that portion being condemned, and the construction of the improvement in the manner proposed by the plaintiff.” The interest was made payable from the date of taking of possession pursuant to an order of immediate possession of July 27, 1973. The jury verdict included two figures: $48,950 as the…