People Ex Rel. Department Public Works v. Elsmore

In this eminent domain proceeding, the state, through its Department of Public Works, acquired 0.026 acres of appellants’ 0.978 acres of unimproved lands, abutting on the San Jose-San Francisco freeway. The value of the land taken was stipulated to be $336. Defendants sought $6,500 in severance damages. The court, after waiver of a jury (Code Civ. Proe., §631), rejected defendants’ offer of proof as to severance damages and entered judgment only for the value of the land taken. On this appeal by defendants, the only question is whether the claimed severance damages are recoverable.

The facts…