San Bernardino Valley Municipal Water District v. Mentone Citrus Growers
Published: Apr. 27, 2013 | Result Date: Nov. 8, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIVDS 1101647 Settlement – $6,000,000
Court
JAMS
Attorneys
Plaintiff
Brendan W. Brandt
(Varner & Brandt LLP)
Defendant
John C. Murphy
(Murphy & Evertz LLP)
Experts
Plaintiff
Robert Krieger
(technical)
James Smothers
(technical)
Defendant
Roger D. Prend
(technical)
Michael F. Waldron
(technical)
Facts
San Bernardino Valley Municipal Water District sought to condemn property for a proposed reservoir project. On Feb. 4, 2011, the District filed a complaint in eminent domain against Mentone Citrus Growers seeking to take part of Mentone's property. The take included 39.59 acres in fee, 4.48 acres for a permanent easement, and 6.31 acres for a temporary construction easement.
Contentions
PLAINTIFF'S CONTENTIONS:
The District valued total just compensation for Mentone at $2.814 million. Notably, this value included $47,325 in severance damages for removed trees.
DEFENDANT'S CONTENTIONS:
Mentone has successfully operated a family-owned citrus farming company for over 25 years. Mentone sought just compensation totaling $8 million for the property taken, severance damages, cost to mitigate, and lost crop. Mentone argued that the District's take of over 25 percent of its property affects its citrus grove operation and the development of its property for residential and commercial/industrial use in the future.
Result
$6 million settlement
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