What is the test for establishing that a larger parcel exists in the context of a claim for severance damages?

California, United States of America


The following excerpt is from City of San Diego v. Neumann, 25 Cal.Rptr.2d 480, 6 Cal.4th 738, 863 P.2d 725 (Cal. 1993):

By anchoring a landowner's entitlement to severance damages based on a proposed unity of use to the reasonable probability of such use in the [6 Cal.4th 757] reasonably foreseeable future, we ensure that we compensate the landowner for the value the market places on the property, rather than its value to him alone. The property owner's intended unified use of the separate parcels, standing alone, is insufficient to establish the "larger parcel" that is prerequisite to his proof of injury; rather, he must also demonstrate that his intended use is reasonably probable in the reasonably foreseeable future. The facts relevant to the proof of these conditions will undoubtedly vary with the circumstances of each case, but we anticipate that they will typically include, among other things, evidence of the existing uses of the property, the time and expense necessary for their termination, the physical adaptability of the property for use as an integrated whole, the existing and the proposed zoning applicable to the several parcels in question, local market conditions, the local regulatory climate, and the property owner's plans for development. These are indeed factual issues, but whether, taken as a whole, they support a finding that a larger parcel exists remains an issue of law to be decided by the trial court. (Oakland v. Pacific Coast Lumber etc. Co., supra, 171 Cal. at pp. 397-398, 153 P. 705.)

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