RECENT CALIFORNIA DECISIONS

May 2005

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Fourth District Court of Appeal Finds Action for Partial Condemnation for Loss of Use of Land May Co-Exist with Claim for Severance Damages
San Diego Metropolitan Transit Development Board v. RV Communities, ___Cal.App.4th___

On March 29, 2005, the Court of Appeal for the Fourth Appellate District affirmed the trial court’s judgment in an eminent domain case involving partial condemnation of Defendant RV Communities’ (RV) land. Specifically, the court held that RV was entitled to maintain an inverse condemnation crossaction for claimed total loss of use of a portion of the remaining land, and was not limited to severance damages in the direct action for that injury. Also, the court held that the trial court properly changed the date of valuation of the condemned property from the date Plaintiff San Diego Metropolitan Transit Development Board (MTDB) deposited probable compensation, to the date of trial.