This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Eminent Domain
Condemnation

San Francisco Bay Area Rapid Transit District v. PPF Industrial Whipple Road/Bowman Place LP, et al.

Published: Jul. 3, 2015 | Result Date: Jan. 26, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RG13708269 Settlement –  $42,750,000

Court

Alameda Superior


Attorneys

Plaintiff

David W. Skinner
(Meyers, Nave, Riback, Silver & Wilson)

Brenda Aguilar


Defendant

John C. Murphy
(Murphy & Evertz LLP)


Experts

Plaintiff

Patrick Idiart
(technical)

Defendant

Michael F. Waldron
(technical)

Christopher Thornberg
(technical)

Terry Swindle
(technical)

Facts

Defendants PPF Industrial Whipple Road/Bowman Place LP and PPF Industrial Whipple Properties 1001 LLC own a 28.6-acre multi-tenant property called Whipple Business Park in Hayward. The property includes four warehouse buildings totaling 444,480 square feet of industrial space located on the East Bay Industrial Corridor. The property is adjacent to the current Hayward maintenance yard operated by the San Francisco Bay Area Rapid Transit District.

On May 26, 2011, BART's Board of Directors adopted the Hayward Maintenance Complex Project, and on Dec. 27, 2013, BART filed its eminent domain action to condemn the entire property for the Hayward Maintenance Complex Project.

Contentions

PLAINTIFF'S CONTENTIONS:
BART initially offered PPF Industrial $34,000,000 as compensation for the real estate.

DEFENDANT'S CONTENTIONS:
Owners sought compensation of more than $50 million for the real estate, plus an additional $2.8 million for precondemnation damages.

Result

The case settled before trial. BART agreed to pay a total of $42,750,000.

Other Information

FILING DATE: Dec. 27, 2013.


#115588

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390