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CONFIDENTIAL

Jul. 23, 2005

Torts
Eminent Domain
Condemnation

Confidential

Settlement –  $11,800,000

Judge

Bonnie L. Sabraw

Court

Alameda Superior


Attorneys

Plaintiff

Alice Beasley

Clarissa Canady

John Erickson


Defendant

Ethan Friedman

Heidi A. Timken

Bill Speir


Experts

Plaintiff

Paul E. Talmage
(technical)

Wayne Rasmussen
(technical)

Defendant

Earl James
(technical)

Michael Dyett
(technical)

Michael F. Waldron
(technical)

Charles Abrams
(technical)

Kevin Weiss
(technical)

Facts

Defendants Marvin Blankstein and Manuel and Juanita Del Arroz owned a 20-acre parcel of land in San Francisco. Plaintiff San Francisco Bay Area Rapid Transit (BART) filed a condemnation action so that it could use the land for a 5.4-mile track extension for the Fremont Station. BART initially valued the land at $2.28 million. The defendants contended that the property was worth at least $17.06 million.

Settlement Discussions

BART increased its initial appraisal value from $2.28 to $5.5 million. Sixteen days prior to trial, BART paid defendants $12.1 million.


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