Riverside County Transportation Commission v. Maude-Corona LLC, Corona West Associates LLC, Old Republic Title Company, Fair Oak LLC, Does 1 to 100, inclusive and All Parties Unknown Claiming an Interest in the Property
Published: Aug. 6, 2016 | Result Date: Mar. 14, 2016 | Filing Date: Jan. 1, 1900 |Case number: RIC1311700 Settlement – $2,500,000
Court
Riverside Superior
Attorneys
Plaintiff
Scott W. Ditfurth
(Best, Best & Krieger LLP)
Mark A. Easter
(Best, Best & Krieger LLP)
Defendant
John C. Murphy
(Murphy & Evertz LLP)
Experts
Plaintiff
George Lenfestey
(technical)
Thomas M. Pike Sr.
(technical)
Defendant
Robert A. Stockton
(technical)
Stephen D. Roach
(technical)
Facts
On Oct. 16, 2013, the Riverside County Transportation Commission filed an eminent domain action to acquire property owned by defendant Maude-Corona LLC. Defendant's property is a 514,444 square foot, or approximately 11.79 acre, site improved as a mobile home park that contained 102 mobile home units in the before condition. The property is zoned MP for use as a mobile home park, and has been designated MDR, which is medium density residential allowing eight dwelling units per acre.
RCTC's fee acquisition is for 21,250 square feet of the property, its permanent wall footing easement encompasses 4,999 square feet, its temporary construction easement is for 24,811 square feet, and its temporary non-exclusive access easement is for 31,328 square feet and will be shared by the tenants on the property.
Contentions
PLAINTIFF'S CONTENTIONS:
As part of its eminent domain obligations, RCTC provided an initial offer to the property owner of $781,000, which was deposited with the court upon the filing of the eminent domain lawsuit. This deposit related to RCTC's fee acquisition is for 21,250 square feet of the property, its permanent wall footing easement encompasses 4,999 square feet, its temporary construction easement is for 24,811 square feet, and its temporary non-exclusive access easement of 31,328 square feet. This deposit was never reduced.
DEFENDANT'S CONTENTIONS:
Maude-Corona sought compensation totaling over $3 million for the property taken and severance damages.
Settlement Discussions
During litigation, the parties exchanged expert valuations regarding the value of the real property interests being acquired. The property owner Maude-Corona, sought over $3,281,000 for the property interests being acquired by RCTC. RCTC valued the property interests being acquired at $1,753,900.
Result
The case settled before trial. The RCTC agreed to pay Maude-Corona $2.5 million.
Other Information
FILING DATE: Oct. 16, 2013.
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