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Real Property
Eminent Domain
Power Lines

Southern California Edison Co. v. Qarmout Foundation for the Needy, et al.

Published: Jul. 28, 2012 | Result Date: Oct. 26, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC432194 Verdict –  $361,499

Court

L.A. Superior Central


Attorneys

Plaintiff

Thierry R. Montoya
(Frost Brown Todd LLP)


Defendant

Todd A. Amspoker


Experts

Plaintiff

Frances H. Wolfe Mason
(technical)

Defendant

Scott Delahooke
(technical)

Facts

Southern California Edison Co. brought an eminent domain complaint against Qarmout Foundation for the Needy's property in northern Los Angeles County seeking easements to construct high power transmission lines.

Contentions

DEFENDANT'S CONTENTIONS:
Defendant contended that the high power transmission lines would have a significant negative effect on the value of its remaining properties. Further, Defendant contended that the easement language would cause significant interference with its ability to develop the property in the future. Moreover, Defendant contended that the value of the easements amounted to $90,000 plus $345,000 in severance damages.

Damages

Qarmout sought recovery for the value of the easements taken plus severance damages. Edison claimed the value of the easements amounted to $40,200 and disputed Qarmout's claims for severance damages.

Result

Edison made a pre-trial final written offer of $105,000 pursuant to eminent domain law. Qarmout's final pre-trial demand was $210,000. The jury returned a defense verdict. Qarmout was awarded $361,499 in damages, which included $85,551 as compensation for the condemned easements plus $275,947 for severance damages. Qarmout also recovered attorney's fees and litigation expenses in the amount of $186,735.


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