Facts

Defendants are developers of a 1,260-acre parcel in the Scripps Ranch area of San Diego. Plaintiff SDG&E had an existing easement with transmission lines over 33 acres of the property which expired Dec. 31, 2004. Defendants planned and began to develop the community around the easement. Plaintiff filed suit to permanently condemn the transmission easement and offered Defendants $759,000. Dedendants answered and claimed a higher value and severance damages were owed. Plaintiff later raised its appraised value and deposit to $6.7 million and Defendant sought $14 million in compensation.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed Defendants obtained maximum density notwithstanding the easement and the preexisting easement was incorporated into Defendants' planning.

DEFENDANT'S CONTENTIONS:
Defendants claimed that if the easement had been allowed to expire they would have been able to obtain larger lots, better sales prices and a better living environment.

Result

$10,675,000 awarded to Defendants Sycamore and Brookfield for property rights taken and severance damages to the remaining property.

Other Information

This was an eminent domain action that settled in mediation before Mediator Michael Roberts on March 14, 2006.