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Real Property
Public Utilities
Environmental

San Diego Gas and Electric v. Boys and Girls Club of East County Foundation, Inc.

Published: Jun. 11, 1994 | Result Date: May 25, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 6672171 –  $443,139

Judge

Judith D. McConnell

Court

San Diego Superior


Attorneys

Plaintiff

Kenneth C. Turek
(Turek Law PC)


Defendant

Roscoe D. Keagy


Experts

Plaintiff

Lou Lightfoot
(technical)

John Dawsey
(technical)

Lee C. Johnson
(technical)

Defendant

Rick Rubin
(technical)

Royce Riggan
(technical)

Thomas L. Roberts
(technical)

Facts

Plaintiff San Diego Gas and Electric acquired (from Defendant) a 100-foot easement for the present construction of a 69 kV transmission line and future construction of a 230 kV line. On July 30, 1993, Plaintiff deposited $550,000 as the amount of probable compensation and took possession to construct the 69 kV line. Defendant objected to Plaintiff's right to take a portion of the property for future construction, on environmental and statutory grounds. After a 3-day trial, the Court issued its written opinion in favor of Plaintiff. The jury trial on just compensation followed. Defendant's property consisted of 1,500 undeveloped acres south of Ramona, with access to Highway 67 and some steep topography. Actual acreage acquired was 16.4 acres in line easement and 5.9 acres in access roads.

Settlement Discussions

Plaintiff contends they made a statutory offer of $710,000 and Defendant made a statutory demand of $1,250,000.

Damages

Plaintiff argued the compensation for the property taken and damages to the remaining property was to be between $318,000 and $700,000; Defendant argued compensation in the sum of $1,600,000.

Deliberation

1.5 days

Poll

9-3

Length

9 days


#78006

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