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Real Property
Eminent Domain
Just Compensation

City of Lathrop v. Laro Coal and Iron California Co. Inc.

Published: Feb. 10, 2004 | Result Date: Jun. 25, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CV017421 Verdict –  $527,298

Judge

Carter P. Holly

Court

San Joaquin Superior


Attorneys

Plaintiff

Todd A. Amspoker


Defendant

Paul N. "Pete" McCloskey
(Cotchett, Pitre & McCarthy LLP)


Experts

Plaintiff

James G. Palmer
(technical)

Defendant

Todd Johnson
(technical)

Facts

The City of Lathrop brought an eminent domain action to take 4.22 acres of Laro Coal and Iron's 23-acre property. This included establishing a temporary easement over the remainder in an effort to relocate personal property located on the land taken. Laro's property was zoned CS (commercial services). This allowed for commercial or industrial uses.

Settlement Discussions

The plaintiff demanded $783,300; the defendant offered $625,000

Damages

Lathrop's appraiser asserted that total just compensation was approximately $480,000. Laro's appraiser asserted that total just compensation was $1,132,500 including $345,000 in severance damages.

Result

$527,298

Deliberation

two hours

Poll

10-2, 11-1, 12-0

Length

five days


#124506

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