-25--25- The Raiders’ basis for recovery in their supplemental brief was Cal. Civ. Proc. Code sec. 1268.620 (West 1982), which allows property owners to recover for economic injuries suffered as a result of the pendency of eminent domain proceedings that are abandoned or fail. Cal. Civ. Proc. Code sec. 1268.620 (West 1982) provides in part: If, after the defendant moves from property in compliance with an order or agreement for possession or in reasonable contemplation of its taking by the plaintiff, the proceeding is dismissed with regard to that property for any reason or there is a final judgment that the plaintiff cannot acquire that property, the court shall: * * * * * * * (b) Make such provision as shall be just for the payment of all damages proximately caused by the proceeding and its dismissal as to that property. [Emphasis added.] This section allows for the recovery of all damages, not just injury to goodwill, caused by the eminent domain proceeding. The complaint in inverse condemnation, incorporating the notice of claim and setting forth the inverse condemnation cause of action, reiterated the damages stated in the notice of claim. The November 10, 1988, agreement also settled the Raiders’ inverse condemnation claim. Inverse condemnation is not a cause of harm, but is merely a theory or remedy for vindication of a property owner’s cause of action against a public entity for damage to his property. City of Mill Valley v. Transamerica Ins. Co., 98 Cal. App. 3d 595, 600, 159 Cal. Rptr. 634, 637 (1979).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011