City of San Diego v. D.R. Horton San Diego Holding Co.

[673]

Opinion

O’ROURKE, J.

In this eminent domain action, the City of San Diego (City) sought to acquire approximately 12.69 acres of property from a larger parcel owned by D.R. Horton San Diego Holding Company, Inc. (Horton) for a particular segment of the State Route 56 freeway project. In a special verdict, the jury determined that the fair market value of the property taken was $5,589,200, that severance damages to the remainder parcel before consideration of the project’s benefits was $5,324,000, and that the project benefits were $5,443,800. Based on these figures, the jury determined there were no net severance damages and the total compensation to be awarded Horton was $5,589,200. On Horton’s motion for new trial, the trial court concluded the jury’s determination of the value of the property taken in its special verdict was based on a valuation of $445,000 per net developable acre, and its award of severance damages was based on a figure derived from a value of $850,000 per net developable acre. The court granted the motion on the ground the jury’s findings as to these components were internally inconsistent and thus against the law.

City contends the court erred in granting a new trial because each of the jury’s separate valuation findings, including its finding as to severance damages before consideration of benefits, was within the range of values provided by the parties’ expert appraisers and therefore the verdict was not against the law. It further argues a reasonable interpretation of the record demonstrates substantial evidence supporting the jury’s findings as to the value of the property taken and severance damages before consideration of project benefits. Alternatively, City argues the jury’s finding, if found to be inconsistent, was invited by the jury instructions and special verdict form, and also is harmless error. Finally, City argues the jury’s verdict must stand as a matter of public policy because to rule otherwise would divest juries in eminent domain actions of their broad discretion in determining the appropriate amount of just compensation.

We conclude the jury implicitly made inconsistent findings of fact in its special verdict, rendering the verdict against the law. We reject City’s other contentions and accordingly, affirm the trial court’s order.