Facts

Caltrans sought to condemn property for its Interstate 215 widening project in San Bernardino between the Interstate 10 and State Route 210 freeways.

On March 2, 2009, Caltrans filed a complaint in eminent domain against the H Street defendants seeking to take part of their property. The take included fee taxes and a temporary construction easement.

On Sept. 11, 2009, Caltrans amended its complaint to seek a full take of the H Street property. Then on Jan. 5, 2011, (three weeks before the originally scheduled trial date), Caltrans filed a Notice of Partial Abandonment reverting to the original part take it sought in its original complaint.

On April 20, 2011, Caltrans filed a second Notice of Partial Abandonment, reducing the take to a smaller part take. Caltrans ended up condemning approximately 44 percent of the H Street property.

Caltrans valued total compensation for the H Street defendants at $1,989,000.

The H Street defendants operated an auto-body repair shop on the property condemned by Caltrans for nearly 35 years. The H Street defendants sought just compensation totaling $5.4 million for the property taken, severance damages, cost to cure damages, fixtures and equipment, lost business goodwill, and pre-condemnation damages.

The H Street defendants argued, among other things, that Caltrans take of 44 percent of the property, ruined internal circulation on the property for the business and deprived them of room to expand.

Result

The case settled for $4 million, plus $360,000 in litigation expenses.

Other Information

FILING DATE: March 2, 2009.