In his latest Daily Journal column, Manatt Appellate Senior Counsel Michael Berger discussed the practice of condemnation by the government and how it was misapplied in the case City of Ontario v. We Buy Houses Any Condition, LLC.
The case surrounds the City condemning private property near the Ontario International Airport despite, as determined by both the trial and appellate courts, having no identifiable project for the acquired land. Under the State’s Eminent Domain Law, a property may only be condemned if necessary and if the project for which it was obtained is most compatible with the greatest public good and least private injury. A non-existent project cannot be evaluated on these requirements, and summary judgment was granted in favor of the property owner.
The City tried to evade the Eminent Domain Law by claiming that the Community Redevelopment Law provided alternative authority. The Court of Appeals did not accept this argument since the Community Redevelopment Law also required a project, specifically designed to increase affordable housing. “Condemnation litigation is constitutional. It is not a game. There are clear rules that need to be followed. When they are not, there should be consequences,” Berger said.
Daily Journal subscribers can read the full article here.