Montara Water & Sanitary District v. County of San Mateo

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

This action arises from a dispute over the ownership of three water wells located on the property of the Half Moon Bay Airport, a public facility owned since 1948 by the County of San Mateo, California (“the County”). Plaintiff Montara Water and Sanitary District (“Montara”) seeks to take the wells by eminent domain. The United States, acting through the Federal Aviation Administration (“the FAA”), has intervened to oppose Montara’s efforts. Each party has filed a motion for summary judgment asserting ownership of the wells. The United States claims to have retaken the wells pursuant to a reversion clause contained in the deed by which the airport passed from the federal government to the County in 1948. The United States argues that the reversion was justified by Montara’s success in obtaining an interlocutory state-court order authorizing the proposed condemnation and granting Montara current possessory rights over the wells. Montara disputes the existence of any condition justifying the reversion and asks this Court to uphold the state court’s order. The County argues that Montara’s complaint in eminent domain is preempted in the…