Ellena v. State of California

In Ellena v. State of California (1977) 69 Cal.App.3d 245, the court stated: "A condemnation award must once and for all fix the damages that will reasonably occur by reason of the construction of the public improvements in the manner proposed. Where property has been taken by condemnation or acquired by deed, it must be assumed that the owner has been compensated for all reasonably foreseeable damage to his property resulting from the acquisition and the construction of the proposed public improvements." As the trial court correctly pointed out, the damage in question would result from the acquisition by the City of fee simple title. The damage is not, as plaintiff contends, a future damage which would result only if the proposed plans were modified. Accordingly, if the damages of $ 2,000 each had not been awarded, defendants would be barred by the doctrines of res judicata and collateral estoppel from bringing a future action for this foreseeable damage. ( Ellena v. State of California, supra, 69 Cal.App.3d 245, 254.)