A $1,187,250.00 eminent domain settlement on behalf of 26 San Marcos area homeowners. The Walnut Hills area of San Marcos is a rustic community with a country lifestyle. The North County Transit District wanted to expand rail service in the area, running a diesel train past their homes every six minutes and offered them an insulting total of $34,000.00 for ruining their rustic way of life.

Plaintiff's Technical Expert Witnesses:
Steve Roach, Jones Roach & Caringella: Appraiser

Defendant's Technical Expert Witnesses:
Al Schlarmann, Appraisal Research Center

Facts and Background:
The Defendant Property owners all reside in the City of San Marcos in an area known locally as Walnut Hills. Their lots are large and many of the homes are on a septic system with propane gas. The streets are narrow and privately owned. It is an old community where families move to enjoy a country lifestyle with the convenience of being five minutes from the nearest grocery story. For years these owners heard rumors about the new Sprinter rail line that would be built on the existing freight line paralleling Route 78. The rumors and information circulated varied wildly. At times, it was a trolley. At other times, it was an electric train. Sometimes there was a plan to loop the line down to Cal State San Marcos. Other times, there was no loop. Sometimes the loop would be one rail line. Later, the loop would have two rail lines. Until the middle of last year, each owner had their own belief as to what would be built, not knowing that their beliefs were absolutely wrong. The news that the loop would be built and that it would be two lines, with a diesel train running each way every six minutes -- and that the train would be so close to their homes that the transit authority needed to take some of their property -- hit this neighborhood like a bomb. No one could have imagined that what started out as an unstable rumor could have become a living nightmare. They were truly stunned. The concern about the final impact of the Loop project was compounded by the damages caused during construction. Notwithstanding representations that the construction process would be conducted so as to impact neighboring property owners as little as possible, these residents have been under siege from hammering rock crushers and heavy dust clouds for most of the past year. When NCTD first sought these property interests, it made offers of $1,000 and $2,000 to these property owners, indicating that the project would benefit these properties, rendering them more valuable in the after condition.

Plaintiff's Contentions, Allegations:
NCTD filed a complaint in eminent domain, asserting a right to obtain private street access rights and flag lots so as to construct a new street, closer to these homes, and also to construct a rail line adjacent to the new street. As a result of the construction, a cul de sac would be created and the traffic from 300 additional homes would be routed down these residents only access street. The residents counter-sued, asserting claims for inverse condemnation due to the planning changes in the project and for nuisance attributable to the noise and dust levels during construction, which levels far exceeded legal limits on a continuous basis. NCTD unsuccessfully tried to get the property owners claims dismissed.

Injuries and/or Damages:
The injury to the properties resulting from this project will impact market values. These properties were previously very rural. They had direct access to both the north and the south. After construction, they will have lost that access and they will share their neighborhood with a diesel train. Additionally, the owners stated claims for nuisance to compensate them for the illegally loud and dusty rock crusher that operated in their neighborhood for three months

Offer:
$34,000.00 for just compensation

Settlement Amounts: $1,187,250.00

Attorney for client: Vincent J Bartolotta, Jr and Karen R. Frostrom

Attorney for defendant: James Gilpin, Best Best & Krieger

Individual Defendants:
A $1,187,250.00 eminent domain settlement on behalf of 26 San Marcos area homeowners. The Walnut Hills area of San Marcos is a rustic community with a country lifestyle. The North County Transit District wanted to expand rail service in the area, running a diesel train past their homes every six minutes and offered them an insulting total of $34,000.00 for ruining their rustic way of life.

Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363