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CONFIDENTIAL

Feb. 18, 2004

Real Property
Eminent Domain
Acquisitions

Confidential

Settlement –  $400,000

Judge

John P. Wade

Court

San Bernardino Superior


Attorneys

Plaintiff

Steven J. Dadaian


Defendant

Kenneth C. Turek
(Turek Law PC)

George H. Kaelin III


Experts

Plaintiff

George Hamilton
(technical)

Stuart DuVall
(technical)

Defendant

Frank Springer Jr.
(technical)

Michael F. Waldron
(technical)

Facts

The claimant State of California sought the acquisition of the respondent's two vacant parcels, both zoned for commercial use. The first, a one-acre parcel, sat on a major east west artery; the second, a four-acre parcel with several hundred feet of major street frontage. Both parcels were in Rialto. The parcels were needed to complete the final section of the State Route 210 Freeway which will connect I-15 to I-215. The issue involved the value given to a flood control channel that traversed both parcels and what market value impact those channels posed currently.

Settlement Discussions

The claimant had offered $336,900. The respondent made an initial demand of $1.2 million at the mandatory settlement conference. Subsequent to the mandatory settlement conference, the respondent made a $400,000 statutory demand to settle which the State accepted.


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