Holtz v. San Francisco Bay Area Rapid Transit District

Opinion

MOSK, J.

Plaintiffs Max and Harry Holtz recovered a judgment of $30,000 in an action for inverse condemnation against the Bay Area Rapid Transit District (BART). They alleged that excavations by BART of a sidewalk area adjacent to their property resulted in the withdrawal of lateral support from a building on the land, so that the foundation of the structure settled, causing cracks in the facade. The land settlement was first observed in September 1967. Temporary measures were taken to forestall further damage, but in 1971 additional settlement occurred which did not hinder use or…