Word reaches us from San Diego that the Tri-City Medical Center has decided to abandon a condemnation action it had filed earlier to take a three-story medical office building in Oceanside. The condemnor deposited $4.7 million, but after trial, a jury awarded $16.8 million, and the trial court also awarded litigation expenses in the amount of $2.2 million. See Paul Sisson, Tri-City Says It Wants to Abandon Eminent Domain Fight, San Diego Union, Dec. 19, 2016,
The unusual twist in this case is that the owners seek to prevent the condemnor from abandoning and are filing an appropriate motion with the court. They argue that under the circumstances, an abandonment of the condemnation action cannot restore the owners to the status quo ante. So far, the condemnor has spent some $2.6 million in litigation expenses of its own on this litigation.
More is certain to come, so we will try to keep an eye on this one. Stay tuned.
ArkansasOnline.com/news of October 21, 2016, reports that the State Highway and Transportation Department, having deposited $639,000 into court, but having been confronted with the owners’ appraisal of $1,600,000, thought better of it and settled via a consent judgment for $1,525,000.
The initial bone of contention was that the State’s initial deposit failed to take into account the substantial impairment of access to the remainder caused by the partial taking, and the loss of parking on the remaining land, after the partial taking.
The Roanoke Times reports the settlement of an eminent domain case. Couple, City of Radford Settle Eminent Domain Case, Aug. 28, 2016. http://www.roanoke.com/news/local/radford/couple-city-of-radford-settle-eminent-domain-case/article_8172b94f-39a5-5a5d-b5be-07827446fafc.html
The city originally disregarded severance damages, even though the taking moved a driveway off the owners’ property.
The city’s offer was $2128, but the settlement, entered into on the eve of trial, was $21,000 — about 10 times the offer.
The Central Pennsylvania Business Journal of August 5, 2016, reports that a local jury awarded $1,250,000 to a property owner for the taking of his property, after the owners rejected the city’s offer of $60,000. The story does not report what legal or factual issues divided the parties. The city vows to appeal.
Http://Fox13now.com reports (Mark Green, “Court Affirms Prior Judgment, UDOT Ordered to Pay $15 Million in Eminent Domain Case, 6/24/2016) that after offering a property owner $5.2 million (without severance damages) Utah DOT took 63 acres out of a 350-acre larger parcel) for a highway. After trial, the court awarded $9 million for the part taken, plus $4 million in severance damages, plus about $1.9 in interest, for a total of $15,014,933.
NJ Advance Media for N.J.com brings the dispatch from Essex County, new Jersey, that a local jury just awarded a property owner $2.9 million in an eminent domain case. The city of Bloomfield took the owners’ property — a commercial parcel that the owner meant to develop — in order to develop it itself. The taking took place in 2012.
The case went to trial two years later. The city’s appraiser testified to a value of $440,000 and the city argued that the parcel could not be developed. The jury disagreed and brought in a verdict for $2,900,000 — or, 6.5 times the city’s evidence. The owner’s trial counsel was Anthony DellaPelle of McKirdy & Riskin, a law firm in Morristown, New Jersey.
Word reaches us that in a case in New Hanover County, North Carolina, involving the taking of the property of a building supply company, the state DOT presented evidence of $303,000 as just compensation (and later offered $700,000). The owners demanded $1,000,000 to settle. After trial, the jury verdict came to $2,995,000 — the amount of the owners’ evidence. After adding interest the total award came to $3,426,000. That’s over eleven times DOT’s original offer.
The Winona Post of July 13, 2015 (Chris Rogers, Mn/DOT Settles With Winona Leasing) reports that after the Minnesota DOT offered Winona Leasing $600,000 for its land on which a car rental business was conducted, the offer was rejected and eventually, Mn/DOT settled for $900,000. The trial court also awarded the owners $32,000 in attorneys’ fees in spite of the fact that the owner’s contract with his lawyers called for a fee of one-third of the overage, or $100,000.
The Triangle Business Journal reports that in a taking case in Raleigh, the State DOT offered the owner $263,007, but eventually a jury awarded $1.2 million. The issue that divided the parties was access in the after condition. The taking partially eliminated the subject property’s driveway and eliminated 50 of 99 parking spaces for five years during the construction. See Jeff Jeffrey, Jury Awards N.C. Property Ownr $1.3M Verdicts Against NCDOT, Triangle Business Journal, June 17, 2015.
Click on http://www.bizjournals.com/triangle/news/2015/06/17/jury-awards-wilmington-property-owner-1-2m-verdict.html
News reaches us that a property owner in Wichita Falls, Texas, won a $445,365 judgment against a power company, as opposed to an initial offer of $55,000, later raised to nearly $140,000. The award was a $393,165 jury verdict, plus interest and costs, which came to a total of about $445,000.
The case is Oncor Electric Delivery Co. v. Edward Clack, Case No. C-330-E. The news item does not indicate what factual or legal issue(s) divided the parties, to make the jury verdict eight times the amount of the initial offer. See http://www.prnewswire.com/news-releases/texas-landowner-wins-445000-judgment-against-power-company-for-lost-property-value-300036697.html