City of Perris v. Stamper

CUÉLLAR, J.,

Concurring and Dissenting.—Neither the federal nor the state Constitution bars the government from taking private property to further a legitimate public purpose, so long as the property owner receives just compensation. (U.S. Const., 5th Amend.; Cal. Const., art. I, § 19, subd. (a).) At issue in this case are the rules for calculating precisely what compensation is just.

Under California law, the proper measure of compensation when the government takes private property “is the fair market value of the property taken.” (Code Civ. Proc., § 1263.310.) The fair market value, in turn,…