City of Perris v. Stamper

This dispute concerned a 1.66-acre strip of Defendants’ land that the City of Perris condemned in order to build a road. The City offered to pay Defendants the agricultural value of the strip, relying on City of Porterville v. Young. The trial court agreed with the City, concluding that Porterville applied in this case and that Defendants were entitled to a stipulated agricultural value of $44,000 for the taking. In so deciding, the trial judge concluded that the City’s dedication requirement was lawful under Nollan v. California Coastal Commission and Dolan v. City of Tigard. The Court of Appeal remanded the case to revisit the legality of the dedication requirement, concluding that the lawfulness of the dedication and requirement under Nollan and Dolan should have been decided by a jury, not a judge. The Supreme Court reversed, holding (1) the constitutionality of a dedication requirement under Nollan and Dolan is a question for a court, rather than a jury; and (2) the project effect rule generally applies, and the Porterville doctrine does not apply, to situations when it is probable at the time a dedication requirement is put in place that the property designated for public use will be included in the project for which the condemnation is sought. Remanded. View "City of Perris v. Stamper" on Justia Law