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Real Property
Eminent Domain
Temporary Construction Easement

Orange County Transportation Authority v. Jack Goodman, Frances S. Goodman, Ajax Lakeview Development, LLC

Published: Dec. 20, 2014 | Result Date: May 19, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 30-2012-00598208 Settlement –  $6,117,000

Court

Orange Superior


Attorneys

Plaintiff

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


Defendant

Douglas J. Evertz


Experts

Plaintiff

Sydney H. Hawran
(technical)

Defendant

Michael F. Waldron
(technical)

Facts

Defendants Jack Goodman, Frances S. Goodman, and Ajax Lakeview Development LLC, own property located in the heavily traveled intersection of Orangethorpe Ave. and Lakeview Ave. in the City of Placentia. The 6.835-acre property is one of the last undeveloped, commercial/industrial-zoned properties in the City of Fontana.

On Sept. 14, 2012, the Orange County Transportation Authority filed an eminent domain action to acquire 72,782 square feet in fee, along with two, four-year temporary construction easements totaling 27,607 square feet for its Lakeview Avenue Grade Separation Project. The taking involves a swath of land that bisects the property.

Contentions

PLAINTIFF'S CONTENTIONS:
OCTA initially deposited $2.5 million for the taking contending there was little compensation owing for severance damages. Before trial, OCTA increased its appraised value of the taking to $5,640,000, which included $2.6 million in severance damages.

DEFENDANT'S CONTENTIONS:
Defendants claimed the taking involved placing an "L" shaped road through the middle of the subject property. As a result of the project, the property would lose direct, at-grade access to Lakeview Blvd. and would be surrounded by large retaining walls upon completion of the project all of which would render the property no longer suitable for development of a premium commercial/industrial center. The property owner claimed total compensation of $6,425,000, which included $3.6 million in severance damages.

Result

OCTA agreed to pay Goodman $6,117,000.

Other Information

FILING DATE: Sept. 14, 2012.


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