Church Wins Land Value Battle

A small church that has served the deaf community in Riverside County for decades will receive more than $4.5 million to settle allegations that Caltrans grossly undervalued the congregation’s property when it was condemned to make way for new ramps on Interstate 215.

Calvary Deaf Church and Caltrans resolved their dispute Tuesday shortly after Superior Court Judge Gloria Trask tentatively ruled that Caltrans’ original appraisal of $1.65 million was flawed and outdated. A trial had been scheduled for Monday.

Church officials said the valuation was so low that it was virtually impossible for them to buy property comparable to the sanctuary, parsonage and duplex they lost in September 2003. Since then, the congregation has struggled to survive at a Korean Lutheran church in Riverside, where it rents space for services and Sunday school.

“It’s like a big load has been taken off our chests,” said Joyce Mather, who shares the deaf ministry with her husband, Tom. “We did not try to draw blood, and Caltrans did not try to either. We feel we can now replace what we have lost, rebuild our church lives and get on with the point of the ministry.”

Caltrans officials would not comment in detail, releasing a statement that the parties had reached a compromise.

Calvary Deaf Church, which has about 45 members, was founded in 1956 by Beatrice and John Berry, two Assemblies of God ministers. It is one of a handful of congregations in the region that specifically serve hearing-impaired people.

Under terms of Tuesday’s settlement, the church will receive $4.35 million to replace its old grounds, about $160,000 in interest, $15,000 to $20,000 in miscellaneous costs, and relocation assistance from Caltrans.

Attorneys for the transportation department had said the church was adequately compensated in 2003 when its property was taken as part of a $300-million interchange project involving the 215, Pomona and Riverside freeways.

Work is scheduled to be finished late next year.

Church attorneys said Caltrans used sales information that was several years old for its appraisal, ignored condemnation procedures and broke promises to help find the congregation a new site.

They also said that under state law, Caltrans was obligated to provide enough money and assistance so Calvary Deaf Church could replace the 1.2-acre complex it owned on West La Cadena Drive in Riverside.

Since the eviction, Tom Mather said he had considered 35 to 40 potential sites, all of which were either unaffordable or unsuitable. The situation became increasingly complicated because of Southern California’s superheated real estate market.

John Murphy, an Irvine attorney representing the church, said the settlement amount was close to his demand of about $4.6 million to replace the church property.

The Calvary Deaf Church case is one of several legal actions that have challenged the way Caltrans acquired private property for the interchange project.

In an earlier case that Murphy handled, developers of the proposed Canyon Springs shopping center received $3.8 million from Caltrans, which condemned 3.4 acres of a 14-acre site.

The agency’s original appraisal, Murphy said, was $1.1 million.

Michael H. Leifer, also an Irvine attorney, has an additional seven cases in which he says the properties of his clients were undervalued by Caltrans because the agency used outdated and incorrect sales information. He also said the agency did not assess the financial impact on businesses forced to move.