California Eminent Domain Report

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last eminent domain case involving acquisition of easements and property for the Valley View Avenue underpass at the BNSF Railroad crossing.  The parties were likely close to trial as they had recently exchanged final offers and final demands (see Code of Civil Procedure section 1250.410).  

The $1.8 million settlement sounds like a good deal for the City, as the owner's final demand was $3 million and the agency's final offer was $1.5 million.  However, we don't know the amount of the City's appraisal or the property owner's appraisal.  It sounds like the owner's appraisal could have been as high as $5 million, as the City manager was quoted as saying there was a "possibility of going into court and having the jury award $3 million to $5 million . . . ."

The City was acquiring easements for Southern California Edison lines and a storm drain, along with temporary easements allowing the construction of the roadway and walls.  The owner was concerned about impacts to the property, but also impacts to the business, including interruption of electrical power and access.

With the resolution of the last needed property, the underpass project is expected to open in October 2014.