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Real Property
Eminent Domain
Condemnation

Riverside County Transportation Commission v. Scott R. Ostlund and Aleta Ostlund, as trustees of the Ostlund Family revocable Living Trust dated 2/21/2001; and Compass Investment Properties Inc.

Published: Jul. 3, 2015 | Result Date: Apr. 14, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RIC 1313618 Settlement –  $2,100,000

Court

Riverside Superior


Attorneys

Plaintiff

James M. Wyman

Mark A. Easter
(Best, Best & Krieger LLP)


Defendant

John C. Murphy
(Murphy & Evertz LLP)

Emily L. Madueno


Experts

Plaintiff

Robert M. Lea
(technical)

Defendant

Michael F. Waldron
(technical)

Facts

The Ostlund Family owned a parcel of land totaling 20,909 square feet and improved with a 10,634-square-foot commercial/industrial building. The Ostlund Family's property was located in Corona.

On Dec. 6, 2013, Riverside County Transportation Commission filed its complaint in eminent domain to condemn the entire property.

Contentions

PLAINTIFF'S CONTENTIONS:
RCTC's pre-condemnation offer to the Ostlund Family was $1,117,000. RCTC's appraisal for trial purposes was $1.3 million.

Dana Marine Products LLC, the tenant on the property, raised a claim for loss of business goodwill. RCTC's pre-condemnation offer for fixtures and equipment was $41,954.

DEFENDANT'S CONTENTIONS:
The Ostlund Family sought compensation of $3.1 million.

Result

The case settled before trial. RCTC agreed to pay the Ostlund Family $2.1 million.

Other Information

RCTC settled with Dana Marine for $86,954 for all claims, inclusive of fixtures and equipment and loss of business goodwill, without the aid of a mediator. FILING DATE: Dec. 6, 2013.


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