Morgan

Long Beach Community Redevelopmen Agency v. Morgan

Good Law
14 Cal. App. 4th 1047·18 Cal. Rptr. 2d 100·1993 Cal. App. LEXIS 351·93 Daily Journal DAR 4081·93 Cal. Daily Op. Serv. 2454
Court of Appeal of CaliforniaMarch 31, 1993B061614California3,784 words

Opinion

Opinion

Grignon, J.

Appellants David Morgan and James Morgan seek to reverse a judgment, following an eminent domain trial, in favor of respondent Long Beach Community Redevelopment Agency (the Agency). The judgment determined that the Agency had a right to lawfully take appellants’ property by eminent domain and fixed the amount of compensation at $193,000. Appellants maintain that: the Agency’s governing body did not adopt the requisite resolution of necessity and, therefore, the trial court failed to obtain jurisdiction in the matter; the Agency may not condemn for redevelopment purposes because such right was not reserved in a federal patent proceeding; and their constitutional and statutory rights were violated. In the published portion of this opinion, we conclude the resolution of necessity, which is a precondition to an eminent domain proceeding, was adopted by the governing body of the Agency within the meaning of Code of Civil Procedure sections 1245.210 and 1245.220. In the unpublished portion of this opinion, we resolve the remaining issues and affirm the judgment.

Facts and Procedural Background

The record reveals the following facts. The subject property is located in…

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