Confidential
Settlement – $8,818,510Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
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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