Sheldon R. and Phyllis Milenbach, et al. - Page 25

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               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).              





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