City of Lincoln v. Barringer

Opinion

SIMS, Acting P. J.

Plaintiff City of Lincoln (the City) initially sought to acquire by eminent domain (Code Civ. Proc., § 1230.010 et seq. 1 ) a portion (Partial Take) of property owned by defendants Donald L. Barringer and Carol S. Barringer (the Barringers). 2 While the eminent domain action was pending, the City adopted a new resolution of necessity and amended its eminent domain complaint, seeking to acquire the remainder of the Barringers’ property interests (Remainder or Remainder Parcel) as a “remnant” (§ 1240.410), in addition to the original Partial Take, such that the City…