Facts

In this eminent domain proceeding, plaintiff Fullerton Redevelopment Agency ("RDA") sought to acquire 2.83 acres of property owned by defendant World Citrus West, LLC ("WCW"). The property proposed to be acquired was part of an existing 5.1-acre site in the city of Fullerton that had historically been used as a juice bottling and distribution facility. However, prior to the filing of the RDA's complaint, WCW had abandoned its juice bottling operations and was marketing the property for residential development. The RDA proposed to acquire a portion of the site to construct a multi-level parking structure for use by patrons of the nearby Fullerton Transportation Center.

The sole issue was the amount of "just compensation" that the RDA was required to pay for the taking of WCW's property and any resulting damages to WCW's remainder property by reason of the taking and/or construction of the parking structure project. The primary disagreements between the parties related to the probable achievable density that would have been permitted in the absence of the RDA's project in order for the property to be developed to its highest and best use and the existence of and possible costs to remediate environmental conditions allegedly affecting the subject property.

PLAINTIFF'S CONTENTIONS:
Fullerton Redevelopment Agency contended that the value of the take including damages to the remainder and a purported offset for environmental remediation costs was in the amount of $5,947,740.

DEFENDANT'S CONTENTIONS:
World Citrus West, LLC contended that the value of the take including damages and without offset for environmental remediation costs was in the amount of $15,900,000.

Settlement Discussions

Offers and demands were verbally communicated during two days of mediation. RDA's final statutory offer of compensation was in the amount of $ 7,365,000. WCD's final statutory demand was in the amount of $ 11,100,000.

Result

Two separate mediation sessions were conducted before the Hon. John W. Kennedy Jr., retired, on Aug. 29 and Sept. 19, 2008, respectively. The matter settled shortly after the second session for $10,500,000.

Other Information

FILING DATE: June 25, 2007.