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Constitutional Law,
Government

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.

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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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