California Eminent Domain Report

I wanted to provide a quick update on some things about which we've reported over the past few months:

1.  Los Angeles Unified School District v. Casasola (2010) 187 Cal.App.4th 189

In Court Blurs Line Between Goodwill and Relocation Benefits, we reported on the Casasola decision, which expanded upon the earlier decision in Redevelopment Agency of the City of Emeryville v. Arvery Corporation (1992) 3 Cal.App.4th 1357 to hold that business owners cannot recover as lost business goodwill anything that falls within the scope of the Relocation Act, whether or not the losses are actually recoverable under the Relocation Act.  The opinion generated a lot of interest across California as practitioners waited to see what, if anything, the California Supreme Court would do (I heard many predictions that the Court would, at the very least, order the opnion depublished).

Last month, the California Supreme Court denied both review of the Casasola case and the many requests to depublish the Court of Appeal's opinion.  Casasola remains the law.  Business owners facing relocation caused by eminent domain would be well advised to take note of the Casasola opinion.

2.  The Julia Morgan Building in Pasadena

In Pasadena May Use Eminent Domain for Historical Building, we reported on the City of Pasadena's efforts to acquire the former YWCA building designed by Julia Morgan.  A December 4 story in the Whittier Daily News, Pasadena takes control of former YWCA to preserve historic building, reports that the city has now taken possession of the building under an order for prejudgment possession.  The eminent domain action continues.

3.  Petaluma Eminent Domain

In Highway 101 Interchange May Require Eminent Domain, we reported on potential eminent domain in the City of Petaluma to facilitate an interchange on Highway 101.  According to a Petaluma 360.com article, Petaluma OKs eminent domain for East Washington land, the City Council subsequently voted unanimously to proceed with the condemnations if negotiated solutions cannot be reached.

4.  Glendale Sides With Developer

In Developer of Americana at Brand Shopping Center Requests Use of Eminent Domain for Expansion, we reported that developer Rick Caruso had asked the City of Glendale to consider using its power of eminent domain to acquire properties necessary to expand his Americana at Brand shopping center if he cannot acquire the properties on his own.

According to a December 1 story in the Glendale News-Press, Council sides with Caruso, the City (actually, its redevelopment agency) agreed with Mr. Caruso, telling the owners they have 45 days to negotiate a price, come up with their own redevelopment plan, or face possible eminent domain.

5.  And, Finally . . . More Space-Based Eminent Domain Games?

In Eminent Domain in Space?, we reported on a new card game titled Eminent Domain (the links between the game and eminent domain itself remained somewhat in question).  Just to show it isn't the first of its kind, a December 6 post by Martyn Daniel Pax Imperia 2 Eminent Domain Trailer by Vega reports on a 1997 computer game -- apparently, a "real time computer strategy game."

And hey, nothing says fun like playing a computer game that follows an eminent domain case in real time (I think I may be missing something).