City of Baldwin Park v. Stoskus

Opinion

BURKE, J.

In this case we consider the question whether an award of severance damages in an eminent domain proceeding should include the amount of a special assessment lien placed upon the condemnee’s property to assist in financing the construction of a public improvement. We have concluded that the trial court properly refused to consider evidence, of the assessment lien for purposes of measuring defendant’s severance damages.

Plaintiff City of Baldwin Park (“City”) filed a complaint in eminent domain on November 16, 1967, to obtain an easement for construction of a public street and…