United States v. 32.42 Acres of Land, More or Less, Located in San Diego County

The California State Lands Commission (the “Lands Commission”) appeals the district court’s final judgment in this eminent domain case, wherein the United States took a fee simple interest in about 32.42 acres of land (the “Property”) on behalf of the Navy, which has continuously leased this parcel since 1949. In condemning the Property, the United States sought to extinguish California’s public trust rights. The Lands Commission contends that California’s public trust rights cannot be extinguished by the United States’ power of eminent domain. The Lands Commission does not dispute the United States’ power to take and use the land without trust restrictions. Instead, it asks us to hold that California’s public trust rights become “quiescent” while the United States owns the land but will “re-emerge” if the United States seeks to transfer the Property to a private party.

The district court held that the United States’ condemnation extinguished California’s public trust on the entire parcel, and that the 27.54 acres which are filled can be conveyed to a private party free of any trust, but that the 4.88 acres that remained tidelands at the time of the taking are now…