California Supreme Court Watch

Nov 13, 2013
#13-98 City of Perris v. Stamper, S213468

#13-98 City of Perris v. Stamper, S213468.  (E053395; 218 Cal.App.4th 1104; Riverside County Superior Court; RIC524291.) Petition for review after the Court of Appeal reversed the judgment in a civil action. This case presents the following issues: (1) In this eminent domain case, was the constitutionality of the dedication requirement — that the city claimed it would have required in order to grant the property owner permission to put the property to a higher use — a question that had to be resolved by the jury pursuant to article I, section 19, of the California Constitution? (2) Was the dedication requirement a “project effect” that the eminent domain law required to be ignored in determining just compensation?

Review granted 11/13/2013 – Oral Argument 05/26/2016 

See the Petition for Review.