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U.S. v. 32.42 ACRES OF LAND IN SAN DIEGO COUNTY

No. 10-56568.

683 F.3d 1030 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. 32.42 ACRES OF LAND, MORE OR LESS, LOCATED IN SAN DIEGO COUNTY, State of CALIFORNIA; San Diego Unified Port District, Defendants, and California State Lands Commission, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2012.

Attorney(s) appearing for the Case

Alan V. Hager (argued), Christina Bull Arndt , and John A. Saurenman , Office of the California Attorney General, Los Angeles, CA, for defendant-appellant California State Lands Commission.

John Emad Arbab (argued), Michael T. Gray , and Marc E. Gordon , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for plaintiff-appellee United States.

Georgia Garthwaite , U.S. Department of Justice, Land Acquisition Section, Washington, DC, for plaintiff-appellee United States.

Thomas C. Stahl , Office of the U.S. Attorney, Washington, DC, for plaintiff-appellee United States.

Before: HARRY PREGERSON, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

GOULD, Circuit Judge:

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...

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