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Real Property
Eminent Domain
Government Liability

Santa Clara Valley Transportation Authority v. Cilker

Published: Sep. 2, 2000 | Result Date: Jun. 12, 2000 | Filing Date: Jan. 1, 1900 |

Case number: CV773126 Verdict –  $1,376,000

Judge

Leslie C. Nichols

Court

Santa Clara Superior


Attorneys

Plaintiff

Craig Labadie

Richard C. Rypinski


Defendant

William J. Turner J.D.

Andrew J. Turner


Experts

Plaintiff

Christopher Wornum
(technical)

Mark Beaudoin
(technical)

Charles Nicholas Watry
(technical)

James Hoffmann
(technical)

Walter D. Carney
(technical)

Defendant

Desmond Johnson
(technical)

Floyd D. Clevenger
(technical)

Jeff Houston
(technical)

William S. Knox
(technical)

Barrie Coate
(technical)

Barry John Bugatto
(technical)

David A. Markham
(technical)

Facts

This was an eminent domain action. The plaintiff took 7,788 square feet in fee and a 5,975 square foot temporary construction easement for its light rail project, which included street widening. The defendant's property is approximately 132,553 square feet and is improved with a 53,000 square foot office building. The fee taking was an aproximately 25 foot wide swath off one of the property's street frontages. The area taken was improved with landscaping.

Settlement Discussions

During settlement discussions, an offer of $900,000 was made. A demand of $1.8 million was tendered.

Deliberation

four hours

Poll

12-0

Length

15 days


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