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PEOPLE EX REL. DEPT. OF PUBLIC WORKS v. FAIR

Docket No. 21095.

229 Cal.App.2d 801 (1964)

40 Cal. Rptr. 644

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. JOHN WILBUR FAIR et al., Defendants and Respondents.

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

September 22, 1964.

Attorney(s) appearing for the Case

Harry S. Fenton, Holloway Jones, Jack M. Howard, Lee Tyler and William R. Edgar for Plaintiff and Appellant.

Wool, Richardson & Colbert and James R. Sherman for Defendants and Respondents.

TAYLOR, J.

This is an eminent domain proceeding to condemn for freeway purposes several parcels of land belonging to the defendants on the east and west sides of Highway 101 in the City of San Jose. The trial court ruled that by the taking of the parcel on the west side of the highway, the defendants became entitled to severance damages. A jury found that severance damages amounted to $13,500 and that there were special benefits of $20,000 accruing to defendants'...

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