Campbell v. Alger

Opinion

BURKE, J. *

Here we hold that when a public entity condemns land for a public purpose, a private party’s right of first refusal to purchase the property is not triggered. Condemnation is an involuntary talcing preempting the private contractual right in the instant cotenant agreement. The right of first refusal is triggered only by a voluntary determination to sell in the absence of public need.

Daniel M. Campbell (Campbell) appeals from the judgments after the trial court sustained the demurrer of respondent Ventura County Flood Control District (District) to his first amended complaint…