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CAMPBELL v. ALGER

No. B115217.

83 Cal.Rptr.2d 696 (1999)

71 Cal.App.4th 200

Daniel M. CAMPBELL, Plaintiff and Appellant, v. James R. ALGER et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

As Modified May 6, 1999.

Review Denied July 14, 1999.

Attorney(s) appearing for the Case

Crosby, Heafey, Roach & May, M. Reed Hunter, Kathy M. Banke, Benjamin G. Shatz, Los Angeles, for Plaintiff and Appellant.

James L. McBride, County Counsel, Dennis L. Slivinski, Robert R. Orellana, Assistant County Counsel, for Defendants and Respondents.

BURKE, J.*

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 taking 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...

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