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Real Property
Easement
Severance Damages

Orange County Transportation Authority v. Lakeview Orchard Association

Published: Nov. 1, 2014 | Result Date: Jun. 24, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 30-2012-00604657 Settlement –  $1,975,000

Court

Orange Superior


Attorneys

Plaintiff

Esther P. Lin

Gary C. Weisberg
(Woodruff, Spradlin & Smart APC)


Defendant

Jennifer W. Dienhart
(Murphy & Evertz LLP)

John C. Murphy
(Murphy & Evertz LLP)


Experts

Plaintiff

Scott Delahooke
(technical)

William Farthing
(technical)

Peter K. Pirzadeh
(technical)

Defendant

Michael F. Waldron
(technical)

Robert A. Stockton
(technical)

Facts

On Oct. 12, 2012, the Orange County Transportation Authority filed an eminent domain action to acquire a 2,951-square-foot permanent easement and a 48-month, 11,984-square-foot temporary construction easement across defendant's property for its Lakeview Avenue Grade Separation Project in the City of Placentia.

Defendants Lakeview Orchard Association, and its members, own 1.67 acres of property improved with three buildings housing a total of 40 condominiums at the corner of Lakeview Ave. and Orchard Dr.

Contentions

PLAINTIFF'S CONTENTIONS:
OCTA initially offered a total of $743,000 as its estimate of the probable compensation for the taking of two easements and severance damages.

DEFENDANT'S CONTENTIONS:
Lakeview sought compensation of $2,903,200 for the taking of the two easements, damages to the remainder of the property, and the taking of Lakeview's access through OCTA's closing of three driveways to the south of Lakeview's property which provided the primary access for Lakeview residents.

Result

OCTA agreed to pay Lakeview $1,975,000 in compensation for the takings, and damages, plus costs of $10,843 and interest of $4,256 and to reduce the geographic scope of OCTA's temporary construction easement.

Other Information

During litigation, OCTA's estimate of compensation increased to $930,000 based on the opinion of Delahooke. FILING DATE: Oct. 12, 2012.


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