California Court of Appeal

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San Diego Metro. Transit Dev. Bd. v. RV Communities, D042545

In eminent domain case involving partial condemnation of defendant's land, trial court's decision changing the date of valuation of the condemned property from the date the plaintiff deposited probable compensation to the date of trial is affirmed. Mt. San Jacinto Cmty. Coll. Dist. v. Superior Ct.(2007) 40 Cal.4th 648 rests on facts that are distinguishable from those in this case where plaintiff's deposit was substantially less than the probable amount of defendant's just compensation for the condemned property. (On remand from Supreme Court).

Appellate Information

  • Decided 12/21/2007
  • Published 12/21/2007

Judges

  • HUFFMAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Best, Best & Krieger, Bruce W. Beach, San Diego, and Karen M. Freeman, for Plaintiff and Appellant., Myers, Widders, Gibson, Jones & Schneider and Katherine E. Stone, Ventura, for League of California Cities and California State Association of Counties, as Amici Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Luce, Forward, Hamilton & Scripps, Charles A. Bird, San Diego;  Gordon & Holmes, Frederic L. Gordon and Rhonda J. Holmes, San Diego, for Defendant and Respondent.
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