A double victory for property rights. First, in a published decision, a California appellate court held that property owners impacted by eminent domain could claim severance damages based on the public project’s negative impact on curb appeal and view, the negative impact of slope and drainage changes, the negative impact of increased depth of utility lines servicing the property, the negative impact of a ¼ mile construction detour for 10 months, and the increased risk of traffic hazards. Second, the same court ruled that motions in limine (to exclude evidence) should be used sparingly and only very rarely to decide eminent domain cases. The ruling in City of Livermore v. Baca will provide ammunition to property owners when portions of their property are taken with negative impacts to the remainder. If you have any questions, call Callanan, Rogers & Dzida, LLP, for a free consultation.
