City of Gilroy v. Filice

Plaintiff, City of Gilroy, appeals from a judgment in defendant’s favor in the sum of $1,155, entered after a nonjury trial, in an action in eminent domain brought to condemn an easement and right-of-way for the construction, maintenance, repair and replacement of an underground sanitary sewer.

Defendant’s entire property is a 27-acre prune orchard operated by the defendant Angelina Filice and her two sons. The easement sought to be acquired by plaintiff runs along the northerly boundary of the property and consists of a strip 15 feet wide by 770 feet long, containing approximately .265 acres.…