County of San Bernardino v. Earl F. Silva Trustee of The Silva 1984; Bernice M. Silva Trustee of Thesilva 1984; et al.
Published: Oct. 3, 2015 | Result Date: Jul. 13, 2015 | Filing Date: Jan. 1, 1900 |Case number: CIVDS 1300640 Settlement – $300,000
Facts
Plaintiff County of San Bernardino filed an eminent domain action against defendants Earl F. Silva Trustee of The Silva 1984, and Bernice M. Silva Trustee of The Silva 1984. The Silva family has operated a campground on the subject property since the 1960s.
Contentions
PLAINTIFF'S CONTENTIONS:
The county sought a temporary construction easement and a permanent drainage and flowage easement for an underground pipeline to quickly drain Lake Gregory in the event of an emergency. The county contended that probable compensation to the Silva family was $24,500 for the cost to cure construction damage to the property and the value of the easements.
DEFENDANT'S CONTENTIONS:
The Silva family contended that the construction of the pipeline would damage and destroy trees growing on and near the easements and compensation was due to them for lost earnings during the closure of the campground because of construction.
Result
The case settled for $300,000 to the Silva family. Additionally, the county granted an ingress and egress easement over adjacent county property to the Silva family.
Other Information
FILING DATE: Jan. 18, 2013.
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