Campbell

Here we hold that when a public entity condemns land for a public purpose, a private party’s right of first refusal to purchase the property is not triggered. Condemnation is an involuntary talcing preempting the private contractual right in the instant cotenant agreement. The right of first refusal is triggered only by a voluntary determination to sell in the absence of public need.

Daniel M. Campbell (Campbell) appeals from the judgments after the trial court sustained the demurrer of respondent Ventura County Flood Control District (District) to his first amended complaint without leave to amend and after it accepted the stipulation for dismissal as to the Alger respondents (the Algers). We affirm the judgments.

Facts

In June 1974, Campbell and respondent James R. Alger (Alger) purchased the Grubb Ranch, each owning an undivided one-half interest in the property as tenants in common. The Grubb Ranch contains scarce, valuable aggregate. Campbell owns Truestone Concrete Products, Incorporated, which sells building materials including ones made from aggregate.

In February 1980, Campbell, Alger and others entered into an agreement stating, in pertinent part, “In the…