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Real Property
Eminent Domain
Partial Taking; Agricultural Property

Solano County v. Michelle Valine, et al.

Published: May 4, 2013 | Result Date: Apr. 3, 2013 | Filing Date: Jan. 1, 1900 |

Case number: FCS032554 Verdict –  $1,252,970

Court

Solano Superior


Attorneys

Plaintiff

Kevin D. Lally

Robin L. Thornton
(Greenan, Peffer, Sallander & Lally LLP)


Defendant

Kristen Ditlevsen

Stacey N. Sheston
(Best, Best & Krieger LLP)

Kimberly E. Hood

Gary A. Livaich


Facts

County of Solano sued Michelle Valine and Solano Land Trust in eminent domain to take 9.91 acres in fee and various easement interests necessary to build a public project, the Suisun Parkway, to relieve congestion on Interstate 80. The Parkway is a four-lane divided road that now runs through the middle of Valine's 82-acre parcel, over which Land Trust holds a conservation easement.

Settlement Discussions

County's deposit of probable just compensation was $575,000, and its final statutory pretrial offer was $750,000. Valine's final demand was $877,000; Land Trust's was $321,400.

Result

The jury found the fair market value of the property taken was $328,823, severance damages to the property remaining on either side of the Parkway in the amount of $924,148, with no benefits, for a total award to Valine and Land Trust of $1,252,971.

Other Information

The trial testimony of one of County's two appraisers was $320,420 for the take, plus $129,600 in severance damages. The second County appraiser testified to $350,408 for the take, and $124,000 in benefits, with no severance damages. Valine's appraiser testified to $322,000 for the take, $1,078,000 in severance damages, and $113,000 for cost to cure for Valine's interest. Land Trust's appraiser testified to $200,000 for Land Trust's interest in the property taken and $520,000 in severance damages to Land Trust's interest.


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