PACIFIC GAS & ELEC. CO. v. SPENCER

Docket No. 18438.

181 Cal.App.2d 171 (1960)

5 Cal. Rptr. 75

PACIFIC GAS AND ELECTRIC COMPANY (a Corporation), Appellant, v. GORDON SPENCER et al., Respondents.

Court of Appeals of California, First District, Division Two.

May 23, 1960.


Attorney(s) appearing for the Case

Richard H. Peterson, Charles T. Van Deusen, Richard A. Clark, Michael G. Harrington and Campbell, Custer, Warburton & Britton for Appellant.

Boccardo, Blum, Lull, Nuland & Teerlink and Edward J. Niland for Respondents.


DRAPER, J.

By this action in eminent domain, plaintiff took an easement 50 feet wide for a gas pipe line bisecting a ten acre plot of defendants' land. The principal issue was whether severance damages should be awarded, and if so, their amount. This issue turned upon the question of the highest and best use of the land. Plaintiff's witnesses asserted that this use was for a single homesite of 10 acres, in which case no severance damage would result from the taking...

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