People Ex Rel. Department of Public Works v. Ramos

Opinion

BURKE, J.

In this eminent domain proceeding, brought to acquire a portion of defendants’ real property for state highway purposes, the value of the property taken was fixed by stipulation at $3,500 but severance damages were denied. Defendants appeal from the judgment and orders of final condemnation and special issues. As will appear, we have concluded that the trial court erred in limiting damages based on its view that no part of defendants’ property was taken for construction of the freeway itself.

Before the taking defendants’ property was on the corner of Soule and Clay Streets, in…