Downs v. City of Redding CA3
“ ‘Private property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.’ [Citation.] When a public use results in damage to private property without having been preceded by just compensation, the property owner may proceed against the public entity to recover it. Such a cause of action is denominated ‘inverse condemnation.’ ” (Arreola v. County of Monterey (2002) 99 Cal.App.4th 722, 737.)
Plaintiffs Richard Downs, as trustee of the Baker 1982 Trust-JMB, and W. Jaxon Baker, as trustee of the Baker 1998 Trust-KJB, (collectively plaintiffs) who own property used as commercial office space, sued the City of Redding (City) for inverse condemnation arising out of a public works bridge construction project (project). The bench trial was conducted in two phases.
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