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CONFIDENTIAL

Jul. 29, 1995

Real Property
Flood Control
Agricultural Property

Confidential

Settlement –  $8,818,510

Judge

Edward A. Panelli

Court

Santa Clara Superior


Attorneys

Plaintiff

Richard A. Wylie


Defendant

Jeffrey J. Parish

Arthur K. Lund


Experts

Plaintiff

Warren J. Kidder
(technical)

Defendant

Desmond Johnson
(technical)

Facts

Plaintiff water district condemned 10.944 acres of Defendants farm land in North San Jose. The purpose of the taking was flood control on Coyote Creek. On July 1, 1994, at the time of taking, Plaintiff deposited $7,590,614 for just compensation of the taking. Defendant family had owned the property since coming to the United States in the late 1890's from Japan. They raised horses and fruit. One of the Defendants was born on the property in 1912. At the start of World War II, the Defendant brothers were sent to an internment camp in Wyoming; while they spent 2.5 years interned, they kept title to their property.

Settlement Discussions

Defendants contend their demand was $10,227 and Plaintiff offered $7,100,000.

Damages

Plaintiffs contended that just compensation was $15.96 per square foot for a total of $7,590,614; and later reduced the figure by $500,000 at mediation. Defendants contended that just compensation should be $20 per square foot plus $650,000 severance for a total of $10,227,000.


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