City of Hollister v. McCullough

Opinion

MIHARA, J.

— Plaintiff initiated an eminent domain action to acquire a portion of defendants’ parcel (hereafter the take) for street, sewer and utilities purposes. The trial court granted plaintiffs in limine motion to exclude all evidence of severance damages. After a contested court trial on the value of the take, the court found that the take was worth $22,000. Although defendants presented evidence of the rental value of the take during plaintiffs prejudgment possession of it, the trial court rejected defendants’ claim for the prejudgment rental value of the take. On appeal,…