Facts

Plaintiff BART (Bay Area Rapid Transit District) sought to acquire real property interests in Fremont. Defendants Manuel M. Del Arroz Jr., Juanita Del Arroz and Marvin H. Blankstein owned one parcel, while defendant city and county of San Francisco owned the adjacent parcel.

Plaintiff sought condemnation of the property. The parties agreed that development of residential units would be the highest use of the property.

Plaintiff appraised defendant San Francisco's property at $870,000 and Del Arroz and Blankstein's property at $5,050,000.

Defendant Blankstein's appraiser appraised the property at $17.6 million, and claimed Blankstein was entitled to $8.860.000 pre-condemnation damages because of plaintiff's unreasonable conduct and delay.

Defendant city and county of San Francisco claimed it was entitled to $6.2 million.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Fremont's General Plan only allowed 22 units on the property.

DEFENDANT'S CONTENTIONS:
Defendants contended it was reasonably probable Fremont would allow an amendment to its General Plan and that Del Arroz and Blankstein's property would be rezoned, allowing 6.5 to 10 units per acre, instead of only unit per acre.

Settlement Discussions

Defendants Del Arroz/Blankstein demanded $11.9 million; plaintiff offered $8.5 million. Defendant city and county of San Francisco demanded $4.7 million; plaintiff offered $1.5 million.

Result

Plaintiff and defendant San Francisco settled for $2,367,570.

Other Information

FILING DATE: May 30, 2003.