RV Park Gets 5x Increase in the Eminent Domain Deposit of Probable Compensation for Damages from Caltrans Highway Project

RV Park Gets 5x Increase in the Eminent Domain Deposit of Probable Compensation for Damages from Caltrans Highway Project

Under section 1255.010 of the Code of Civil Procedure, when an agency takes possession of private property before a formal condemnation judgment, the agency must make a deposit of probable compensation, which is the estimated amount that will be found at trial. By thoroughly proving the legal basis underlying a property owner’s right to access the highways, C&A obtained a dramatically increased deposit of probable compensation for an RV park whose land was taken by Caltrans for a new highway project. The new highway paved over the driveway the RV park had been using for 50 years to safely access the public roads. The cost-to-cure the substantial impairment of access combined with the removal of trees and fencing, lost lease rent revenue, and damage to park facilities, added up to significant liability for Caltrans. Caltrans’ initial offer was for $138,000. At the eve of trial, Caltrans increased its offer and deposit of probable compensation to $737,000. Due to COVID-19 considerations, the trial was continued indefinitely. The C&A will press for additional compensation at trial.