City of Stockton v. Marina Towers LLC

California’s eminent domain law permits acquisition of property only for “a particular use,” to wit: a “proposed project.” (Code Civ. Proc., §§ 1240.020, 1240.030.) A public entity desiring to condemn private property must pass a “resolution of necessity” (§ 1240.040) that describes the proposed project and contains findings that the proposed project is necessary for the greater public good (§ 1240.030).

This is a case of “condemn first, decide what to do with the property later.” Soon after its city council passed nondescript, amorphous resolutions of necessity approving the condemnation of two parcels of land abutting the Stockton Deep Water Channel, plaintiff and respondent "City of Stockton (City) filed this eminent domain action to acquire the property, then owned by defendants and appellants Marina Towers LLC et al. (collectively Marina).

City obtained a prejudgment order for possession and acquired the property. Months later, while Marina was fiercely contesting City’s right to condemn in court, City decided to build a parking lot and a baseball field on the property.

The case went to trial, where the trial court granted City’s motion for nonsuit and overruled…