Calif. Property Owners Lose Ground — And 'Goodwill'

Law360, New York (December 19, 2012, 12:00 AM EST) -- In a question of first impression, the California Court of Appeal has held in People ex rel. Department of Transportation v. Dry Canyon Enterprises LLC that "a business owner is entitled to a jury trial on the amount of goodwill lost by a taking only if he or she first establishes, as a threshold matter, that the business had goodwill to lose." The court's analysis seems correct; nevertheless, the result is a troubling one for property owners.

Background Facts

Dry Canyon is a wine maker. As...
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