City of Sacramento v. Secretary of Housing & Urban Development

MEMORANDUM AND ORDER

This action is an attempt by the City of Sacramento to condemn real property held in the name of the Secretary of Housing and Urban Development. Although it was originally filed in Sacramento County Superior Court, the Secretary removed it here under 28 U.S.C. § 1442 (a) and immediately moved to dismiss it on the ground of sovereign immunity. Contending that it was illegally removed, the City filed a cross-motion to remand the action to the state tribunal. For reasons to be explained, I have determined that the doctrine of sovereign immunity does indeed bar the action. Accordingly, I grant the government’s motion to dismiss and deny the City’s motion to remand.

I begin by noting the fundamental proposition that property belonging to the United States, whether used for “governmental” or “non-governmental” purposes, cannot be condemned without Congress’ consent. Minnesota v. United States, 305 U.S. 382 , 59 S.Ct. 292 , 83 L.Ed. 235 (1939); Utah Power & Light Co. v. United States, 230 F. 328 at 335-339 (8th Cir. 1915). As the parties recognize, this rule'is simply an application of the broader principle of sovereign immunity, which shields the United States…