United States of America v. 43.77 Acres of Land More or Less in the County of Fresno
Published: May 24, 2008 | Result Date: Apr. 13, 2007 | Filing Date: Jan. 1, 1900 |Case number: 03CV06065(AWI) Verdict – Equitable Award
Court
USDC Eastern
Attorneys
Plaintiff
McGregor W. Scott
(King & Spalding)
Defendant
Experts
Defendant
Arthur H. Gimmy
(technical)
Richard A. Watson
(technical)
Cindy Sage
(technical)
Orrin Sage
(technical)
Facts
"Path 15 powerline" was constructed by plaintiff United States of America in response to a power crisis in California that took place in 2000 and 2001. The power line, a 500kV transmission line, was put into use in 2004 and located west of Interstate 5 running parallel to the highway and 80 miles south of the Los Banos area. Transmission easements were taken by the United States that were 200 feet in width following the entire span on the powerline's pathway. The easement ran through a "larger parcel" containing over 12,000 acres. This construction limited defendant landowners living in the affected areas from being able to fully use the portions of the property within the easements and permanently prevented landowners from developing the properties to their highest and best uses. Defendants' "Domengine Ranch" and "Wood Property" were used for grazing cattle. The Double D Farms was used to grow organic crops as well as almonds and cherries.
Damages
The plaintiff valued the affected land at $85,288 as a taking and the defendant valued the taking at $11,830,000 including severance damages.
Result
The Domengine Ranch Property was awarded a jury verdict in the amount of $1,799,358 for the fair market value of a perpetual easement for high-voltage power lines and severance damages. The Wood Property was awarded $469,272 for a perpetual high voltage power line easement and severance damages and Double D Farms was awarded $1,103,893 also for the same type of easement and severance damages.
Other Information
FILING DATE: Aug. 7, 2003.
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