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City of Palm Springs v.
Living Desert Reserve (1999)
Author: Bram
Parties:
Palm Springs is
the plaintiff, Living Desert Reserve the defendant.
Cause of
action/remedy sought:
PL sought to termination the
clause in the deed which would then allow them to build a golf course instead of
using the land for an Equestrian Center.
Procedural
History:
Decision for defendants.
Facts:
Deed left land to the
City of Palm Springs, with the proviso they use the land for an Equestrian
Center. Instead, PL wanted to build a golf course and sued to try and remove
the proviso from the deed, claiming the power of termination was not
compensable. City argued the possibility of not meeting the condition was too
remote.
Issue(s):
Under CA property
law, may City of Palm Springs move to condemn the reverting party from holding
its rightful claim to the land when the City wants to build a golf course on
land which was earmarked for an equestrian center in the decedent's will?
Holding:
When
the condemnor owns the present possessory interest in the land, the action of
condemnation itself makes violation of the condition imminent.
Court's
Rationale/Reasoning:
If the court allowed
Palm Springs to do what they wanted they could simply make their land a fee
simple unrestricted and have paid nothing for it. There is something about
notions of degrees of fairness, justice and virtue that should characterize
public entities. Living Desert was entitled to be compensated 100% of the value
of the unrestricted fee in the land.
Rule:
Restatement 53 only applies when a paramount authority condemns property and
ousts the possessor.
Did court
avoid issues?:
N/A.
Dicta:
N/A.
Dissents:
N/A.
Concurrences:
N/A.
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