Constitutional Law,
California Courts of Appeal
Aug. 20, 2016
Our eminent right to a jury
Courts in the U.S., like the California Supreme Court, are often mistaken in assuming that eminent domain cases were not triable to juries under British common law.
California's late chief justice, Roger Traynor, once wrote that there are notions embedded in the law that have never been cleaned and pressed and might disintegrate if they were. A case in point is a holding embedded in the brand new California Supreme Court decision in City of Perris v. Stamper, 2016 DJDAR 8382 (Aug. 15, 2016). It was one of those complicated decisions with something for everybody that dealt with the issue of when, if at all, the existence of a future land dedic...
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