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SANTA CLARA CTY. FLOOD CTRL. & WATER v. FREITAS

Docket No. 18341.

177 Cal.App.2d 264 (1960)

2 Cal. Rptr. 129

SANTA CLARA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Appellant, v. FILOMENIA FREITAS et al., Respondents.

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

January 21, 1960.

Attorney(s) appearing for the Case

Spencer M. Williams, County Counsel, and Robert P. McNamee, Deputy County Counsel, for Appellant.

Di Leonardo, Blake & Kelly and Michael Di Leonardo for Respondents.

DOOLING, Acting P.J.

Plaintiff appeals from a judgment in an eminent domain proceeding awarding defendant landowners $21,000 as the value of their land taken for construction of a drainage canal and $2,500 for severance damages. The parcel condemned was a 60-foot strip amounting to .826 of an acre along the southerly boundary of a larger parcel of land owned by defendants.

[1a] The entire parcel including the strip condemned is within the city...

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