California Court of Appeal

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People ex rel. Dep't of Transp. v. Dry Canyon Enterprises, LLC, B234198

In eminent domain proceedings over a parcel of land to widen a highway, trial court's judgment in favor of the state on the ground that the landowner had not proven it had any business goodwill to lose, is affirmed where: 1) a business owner is entitled to a jury trial on the amount of goodwill lost by a taking only if he or she first establishes, as a threshold matter, that the business had goodwill to lose; 2) the trial court did not err in concluding that the landowner had not adduced substantial evidence of goodwill.

Appellate Information

  • Decided 11/28/2012
  • Published 11/28/2012

Judges

  • Hoffstadt

Court

  • California Court of Appeal

Counsel