RECENT CALIFORNIA DECISIONS

May 2008

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First District Finds in Eminent Domain, Owners of Residence Not Entitled to Temporary Severance Damages Where No Evidence of Actual Injury Is Presented
City of Fremont v. Fisher

On February 28, 2008, the First District Court of Appeal held that George and Elizabeth Lee Fisher, the owners of a single-family residence in the City of Fremont (Fremont), were not entitled to temporary severance damages resulting from Fremont’s condemnation of a temporary construction easement over their property. In addition to overturning the severance damage award, the court remanded the matter for reconsideration of the trial court’s award of litigation expenses to the Fishers.