RECENT CALIFORNIA DECISIONS

February 2008

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Fourth District Court Confirms Trial Date for Valuation in Eminent Domain—Distinguishes Mt. San Jacinto Community College District Decision
San Diego Metropolitan Transit Development Board v. RV Communities, ___Cal.App.4th___

This case involves eminent domain and the partial condemnation of land owned by Defendant RV Communities. At the direction of the California Supreme Court, the Court of Appeal reviewed the facts of this case in light of the California Supreme Court’s recent decision in Mt. San Jacinto Community College District v Superior Court (2007) 40 Cal.4th 648. After considering the RV Communities matter in light of the Mt. San Jacinto facts and holding, the Fourth District found that the unique facts at issue here were distinguishable. As a result, the court reaffirmed its finding that the trial court did not err in setting the date of valuation as the date of trial because the Transit Board’s probable compensation deposit was admittedly insufficient. The court found that the trial court’s use of the trial date as the valuation date was consistent with constitutional requirements of just compensation.