Burke Secures Eminent Domain Jury Verdict for San Gabriel Valley Council of Governments

Situation

Our client, the San Gabriel Valley Council of Governments, was involved in an eminent domain law full fee take of commercial property that was needed to construct the agency’s grade separation project in the City of Montebello. The project was part of SGVCOG’s safety improvements and grade separations to multiple at-grade crossings involving Union Pacific Railroad tracks throughout the San Gabriel Valley. The project reduces crossing collisions, queuing, and congestion as well as reduce vehicle emissions.

Challenges

A purportedly impacted commercial property owner brought suit against SGVOGOC, claiming $3.5 million in lost business goodwill as a consequence of the eminent domain full fee take.

Process

Prior to trial, the SGVOG had made a final offer of $1,420,000 for the value of the property, while the property owner made a final demand of $3,000,000.

Outcome

Eminent Domain practice group attorneys Alan Sozio and Chad Herrington succeeded in eliminating the commerical property owner's lost business goodwill claim the on grounds that the owner failed to take reasonable steps to mitigate his damages. After a five-day trial, the jury returned a verdict awarding the owner $1,372,000 in just compensation, which was approximately six percent above the agency’s expert valuation of the property and less than the agency’s final pretrial offer to the property owner.