United States v. 1.33 Acres, Situated in the County of San Luis Obispo, and Louis Fiscalini

The federal government sold a landlocked parcel of real estate accessible by a road over Mr. Fisealini’s property. Several lawsuits arose regarding the sale and the easement. The government condemned the easement to settle the disputes. Mr. Fiscalini appeals the district court’s decision, claiming that the government did not have the power to condemn the easement. We affirm.

I. Facts.

In 1983, the General Services Administration (GSA) sold to a developer land previously used as an Air Force base, after the base was declared surplus property. The conveyance, for $415,556, was by quitclaim deed, but expressly included “any after-acquired title” to the Fiscalini land “which may be acquired by the Government.” The land overlooks the sea and depends, for access to a highway, on a road through the Fiscalini property. When the Air Force base was in use, the government paid rent to Mr. Fiscalini for permission to use the road. Mr. Fiscalini did not agree upon access arrangements with the developer who purchased from the government, so when the developer continued to use the road without his permission, he sued for trespass in state court. The developer joined the United States and…