People v. Barnes

This is an appeal by the defendants M. B. and Gladys Boston from a judgment taking from them by condemnation proceedings a strip of land 19.82 feet by 88 feet for highway purposes and awarding severance damages for injuries to the remainder of defendants’ lot. Defendants’ fundamental contention is based upon the following language which was used in the case of East Bay Municipal Utility District v. City of Lodi, 120 Cal. App. 740 [8 Pac. (2d) 532] : “The law seems to be quite uniform that in eminent domain proceedings the damages must be assessed once and for all, and must include all the…