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CITY OF SAN DIEGO v. NEUMANN

Docket No. S029018.

6 Cal.4th 738 (1993)

863 P.2d 725

25 Cal. Rptr.2d 480

CITY OF SAN DIEGO, Plaintiff and Respondent, v. FRITZ NEUMANN et al., Defendants and Appellants.

Supreme Court of California.

December 20, 1993.

Attorney(s) appearing for the Case

COUNSEL

Asaro & Keagy, Roscoe D. Keagy, Richard R. Freeland, Arnold Neves, Jr., Crosby, Heafey, Roach & May, Gideon Kanner and M. Reed Hunter for Defendants and Appellants.

Berger & Norton and Michael M. Berger as Amici Curiae on behalf of Defendants and Appellants.

John W. Witt, City Attorney, C. Alan Sumption, Chief Deputy City Attorney, Leslie J. Girard and Linda Bartz Kinsey, Deputy City Attorneys, for Plaintiff and Respondent.

William M. McMillan, Charles E. Spencer, Jeffrey A. Joseph, Erickson, Beasley, Hewitt & Wilson, Alice M. Beasley and Aaron D. Kaufmann as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

PANELLI, J.

When property acquired by eminent domain is part of a larger parcel, compensation must be awarded for the injury, if any, to the remainder (Cal. Const., art. I, § 19; U.S. Const., 5th Amend.; Code Civ. Proc., § 1263.410, subd. (a)). Such compensation is commonly called severance damages. When the property taken is but part of a single legal parcel, the property owner need only demonstrate injury to the...

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