Government,
Constitutional Law
Jul. 29, 2024
Overreaching condemnors
The California Court of Appeal ruled against the City of Ontario for attempting to condemn properties near Ontario International Airport without a defined project, as required by the State's Eminent Domain Law. It would be preferable that the Court of Appeal order its opinion published as a lesson to others.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Government agencies have been gifted with an enormous power. Indeed, the California Court of Appeal once called it the “most awesome grant of power.” City of Oakland v. Oakland Raiders, 174 Cal.App.3d 414, 419 (1985). It is the power of eminent domain, i.e., the power to compel private citizens to sell their property to the government. Regardless of whether they want to. Regardless of any intangible attachment they may have to the property....
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