San Bernardino County Transportation Commission v. Arrowhead Central Credit Union
Published: Nov. 1, 2014 | Result Date: Aug. 11, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIVDS 1302764 Settlement – $2,070,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Rick E. Rayl
(Nossaman LLP)
Defendant
John C. Murphy
(Murphy & Evertz LLP)
Experts
Plaintiff
Robert S. Perdue
(technical)
Defendant
Michael F. Waldron
(technical)
Robert A. Stockton
(technical)
Facts
Plaintiff San Bernardino County Transportation Commission acquired a fee simple interest in property owned by defendant Arrowhead Central Credit Union in the County of San Bernardino.
A portion of the property is being acquired for the construction of the Downtown San Bernardino Passenger Rail Project.
On March 19, 2013, SBCTC filed an eminent domain action to acquire approximately 199,701 square feet in fee, a 10,458 square-foot permanent access easement, a 2,205 square-foot permanent irrigation line easement, and a six-month, 6,327 square foot temporary construction easement.
Contentions
PLAINTIFF'S CONTENTIONS:
SBCTC valued total compensation to Arrowhead at $1,184,811.
DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff's total value included only $10,000 in severance damages, and that it largely disregarded impacts on Arrowhead's remaining property caused by SBCTC's project. Arrowhead argued that SBCTC's taking and project created numerous obstacles for development of the remaining property for mixed-use commercial office use.
Damages
Arrowhead sought just compensation totaling over $3 million for the property taken and severance damages.
Result
The case settled before trial. SBCTC agreed to pay a total of $2,070,000.
Other Information
FILING DATE: March 19, 2013.
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