Facts

Defendants and cross-complaintants Javad Sani, M.D., and his wife Parvin Nahvi, M.D. own three large parcels of ocean- and pastoral-view land totaling 13.47 acres, along the Pacific Ocean off Highway 1, in the unincorporated area of San Simeon, San Luis Obispo County. The Sanis built a 3,229-square-foot custom single-family home on each of the three parcels. All three homes lie on the east side of Highway 1.

On May 29, 2012, plaintiff and cross-defendant California Department of Transportation filed an eminent domain action to condemn portions of two of the three Sani Family parcels for the State Route 1 Realignment Project. The complaint made no mention of the Sani Family's third parcel.

On Sept. 19, 2013, the Sani Family filed a cross-complaint for inverse condemnation against Caltrans seeking compensation for the taking of and damages to the remaining third parcel.

PLAINTIFF'S CONTENTIONS:
Plaintiffs and cross-defendants Caltrans claimed no taking or damaging of the third parcel had occurred or will occur.

DEFENDANT'S CONTENTIONS:
Defendants and cross-complainants, Dr. Sani and his wife, sought just compensation totaling $7,054,885 for the part take of the two parcels, though it claimed Caltrans should proceed with a full take of those two parcels given the significant damages to the remainders. Cross-complainants also sought $3,797,858 for the taking and damaging of the third parcel. The Sanis claimed damages to all three parcels from Caltrans' project for substantial interference with utilities, substantial impairment of access and forced non-compliance with pre-existing deed restrictions and other land use restrictions on all three parcels.

Settlement Discussions

Caltrans initially offered $1,073,800, and later valued total compensation for the part take of the two parcels at $4,000,200.

Result

Caltrans agreed to pay the Sani Family $6,440,000 as just compensation for full takes of the two parcels. The Sani Family reserved its right to pursue in future litigation claims for compensation for the taking of and damages to the third parcel.

Other Information

FILING DATE: May 29, 2012.