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Value must be based on actual-not hypothetical-use, court rules.(eminent domain)(City of Fremont v. Fisher)(Case overview)
- Article from:
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California Planning & Development Report
- Article date:
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May 1, 2008
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Copyright informationCOPYRIGHT 2008 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A hypothetical or speculative use of property is not a proper basis for determining damages caused by a city's temporary construction easement, the First District Court of Appeal has ruled.
The unanimous three-judge appellate panel overturned a jury's decision to award a Fremont homeowner $195,000 in temporary severance damages. The First District ruled that the trial court judge improperly permitted the jury to consider compensation for hypothetical-rather than actual-injuries.
Although the First District appeared simply to uphold the decades-old principle that property owners are not entitled to damages for hypothetical loses, the Fremont homeowner has asked the ...