East Bay Municipal Utility District v. Kieffer

THE COURT.

The appellant has filed a petition for a rehearing.

It is again urged that physical contiguity of different parcels of land is not necessary to entitle the owner in a condemnation proceeding to severance damages and that the statement to the contrary in Oakland v. Pacific Coast Lumber & Mill Co., 171 Cal. 392, 399 [153 Pac. 705], is dictum. The appellant in that case had insisted in the trial court “that the physical separation was negligible because unity of use and not physical contiguity was the controlling factor.” The trial court held adversely to this contention. In affirming…