This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Eminent Domain
Condemnation

The City of Long Beach, a municipal corporation, acting by and through its Board of Harbor Commissioners v. Samuel Schoenberg and Jean O. Schoenberg

Published: Sep. 4, 1999 | Result Date: Feb. 16, 1999 | Filing Date: Jan. 1, 1900 |

Case number: BC164275 Verdict –  $376,000

Judge

J. Stephen Czuleger

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph S. Dzida


Defendant

John S. Peterson


Facts

In January 1997, Plaintiff, City of Long Beach acquired defendants parcel of land. The property was acquired for a grade separation project. Pursuant to a bench trial ruling, the court allowed the question of the amount of damages suffered due to pre-condemnation delay to be heard by the jury.

Settlement Discussions

The plaintiff made a demand of $350,000. The defendant made an offer of $205,000.

Damages

$355,000 (value of land and improvements); $30,585 (to the realty per stipulation); $21,000 (for improvements pertaining in pre-condemnation damages)

Other Information

On pre-trial motion, the court excluded testimony regarding offset to the value of the property due to soils remediation. In a post-trial motion, the court awarded litigation expenses including attorney fees, expert fees and allowed other costs for a total of $87,180 plus allowed interest of $26,510.

Deliberation

1½ days

Length

10 days


#96454

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390