People v. O'Connor

ROSS, J.,

pro

tem.

This is an action in eminent domain by which the plaintiff acquired a strip of land 10 feet in width and running along the front of defendants Oden’s property for a distance of 495 feet. The purpose of the taking was the widening of the Pacific highway (U. S. 99 W) in Glenn County. The parcel taken was a little more than one-tenth of an acre. Defendants in their answer placed a value of $500 on this parcel, and asked an additional $4,000 as severance damages. The verdict of the jury assessed the value of the parcel taken at $35, and allowed $1500 severance damages, or a total of $1535, from which the judgment appealed from was rendered.

The entire tract affected comprises about fifteen acres just south of Orland, partly used for fruit trees and partly for clover and alfalfa. A home, built of hollow tile, and immovable, with other improvements (barn, hog-house, chicken-house, garage, granary and milk-house), are on the property. The various witnesses admitted the value of the place as a suburban homesite, as well as for a farm.

Appellant does not attack the part of the judgment awarding the $35 for the parcel taken, but only the award of $1500 severance damages.

The witnesses for respondents placed these severance damages at from $1,100 to $4,000, while appellant’s witnesses gave amounts for the same at from $200 to $510.

[159]

The only two points on appeal raised by appellant are that the trial court denied motions to strike all the testimony of two of respondents’ valuation witnesses, Barceloux and Smith, the motion being made on the ground that the testimony was based upon speculative, remote and conjectural elements of damage, and that the court sustained an objection to a question asked by appellant on cross-examination of one of respondents’ valuation witnesses relative to his knowledge of the assessed valuation of the property.

No claim is made that witnesses Barceloux and Smith were not qualified to give opinions. Both of them, after giving their opinions as to the severance damage, stated that said opinions were based on the fact that the widening of the highway right of way would decrease the distance from the house to the right of way line from 37 to 27 feet; that the lawn and landscaping in front of the house would be adversely affected; that the highway being slightly raised, would be more difficult of access, and ingress and egress to and from the premises would be more difficult; and that the increased closeness of the highway would increase traffic noises and hazards. Appellant moved, as to each of these witnesses, that the entire testimony as to damages, be stricken, “on the ground it is based upon mere conjecture and is speculative”.