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Real Property
Eminent Domain
Inverse Condemnation

State of California, acting by and through the High-Speed Rail Authority v. Scott Raven; Farm Credit West, FLCA, and Does one through fifty, inclusive

Published: Jul. 24, 2020 | Result Date: May 15, 2020 | Filing Date: Aug. 2, 2016 |

Case number: 16CECG02481 Settlement –  $7,500,000

Judge

Kimberly A. Gaab

Mediator

Donald S. Black

Court

Fresno County Superior Court


Attorneys

Plaintiff

William David Sullivan
(California Dept. of Transportation)

Ardine N. Zazzeron
(California Deparment of Transportation)

G. Michael Harrington
(California Dept. of Transportation)

Erin E. Holbrook
(California Dept. of Transportation)


Defendant

Justin T. Campagne
(Campagne & Campagne APC) for Scott Raven

C. Russell Georgeson
(Georgeson & Belardinelli) for Scott Raven

Andrew L. Collier
(Downey Brand LLP) for Farm Credit West, FLCA

Kelly L. Pope
(Downey Brand LLP) for Farm Credit West, FLCA


Facts

The State of California filed an eminent domain case to take approximately 8.5 acres of defendant Scott Raven's 320 acre almond orchard near Selma, California.

Contentions

PLAINTIFF'S CONTENTIONS: The State of California contended that there were no severance damages to the remainder of the property and deposited $561,200 as the probable compensation for the taking. The State of California further contended that any claimed increased costs of farming due to the project constituted neither a compensable diminution of the property's fair market value nor a loss of business goodwill, but were business expenses and therefore not compensable.

DEFENDANT'S CONTENTIONS: Defendant Raven disputed the valuation of the property being taken and contended that the taking reduced the value of his remaining property due to the inferior access and the resultant damages to the irrigation system, farm roads, and assembly areas.

Result

During mediation, the parties settled and the State of California paid $7,500,000.00 to Scott Raven.

Other Information

MEDIATOR: Hon. Donald Black (retired).


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