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COMMUNITY COLLEGE DIST. v. SUPERIOR COURT

No. S132251.

54 Cal.Rptr.3d 752 (2007)

40 Cal.4th 648

151 P.3d 1166

MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT, Petitioner, v. The SUPERIOR COURT of Riverside County, Respondent; Azusa Pacific University, Real Party in Interest.

Supreme Court of California.

February 22, 2007.

Attorney(s) appearing for the Case

Redwine and Sherrill, Justin M. McCarthy, David F. Hubbard, Steven B. Abbott, Scott R. Heil, Riverside; Atkinson, Andelson, Loya, Rudd & Romo and John W. Dietrich, Riverside, for Petitioner.

Myers, Widders, Gibson, Jones & Schneider and Katherine E. Stone, Ventura, for League of California Cities, California State Association of Counties and Metropolitan Water District of Southern California as Amici Curiae on behalf of Petitioner.

Bruce A. Behrens, Thomas C. Fellenz and Richard B. Williams, Sacramento, for The People of the State of California, acting by and through the Department of Transportation, as Amicus Curiae on behalf of Petitioner.

California Eminent Domain Law Group and Arthur J. Hazarabedian, Glendale, for Los Angeles Unified School District and The Education Alliance of the California School Board Association as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Manatt, Phelps & Phillips, George M. Soneff and Michael M. Berger, Los Angeles, for Real Party in Interest.

Sedgwick, Detert, Moran & Arnold, Gregory H. Halliday, Geoffrey K. Willis and Gregory E. Woodard, Irvine, for Transcan Riverside LLC as Amicus Curiae on behalf of Real Party in Interest.

James S. Burling, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Real Party in Interest.

CHIN, J.

When the government exercises its power of eminent domain, and condemns or damages private property for public use, it must pay "just compensation" to the owner. (Cal. Const., art. I, § 19.)1 The just compensation is aimed at making the landowner whole for a governmental taking or damage to the owner's property. (Redevelopment Agency v. Gilmore (1985)

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