Poof…Dream Home Gone.

A couple purchased a 1.24 lot near a state highway in 1982. Nearing retirement in 2002, they began seriously planning to build on the lot. Meanwhile, back at the Department of Transportation [DOT], an improvement project was on the drawing board. By 2004, the couple moved into their new home, and in 2005, they learned an improvement was in the works, and their home was in jeopardy. The DOT had used an aerial map which did not reflect their home. A DOT acquisition agent made an offer to buy the home, and the couple found the amount “insulting.” The DOT continued with its project and litigation ensued. After a jury trial, the court entered judgment in the couple’s favor in the amount of $1.6 million, along with attorney and expert fees of almost $635,000. The appellate court reversed after concluding the couple had not introduced substantial evidence they were entitled to precondemnation damages.  Department of Transportation v. McNamara  (Cal. App. Sixth Dist.; August 14, 2013) 218 Cal.App.4th 1200.