California Supreme Court Rules in Land Battle Between Public College and Private University
Chronicle of Higher Education 2/26/07
At issue in the litigation of more than six years was whether Mt. San Jacinto could exert the principle of eminent domain over the land and what price the college should pay Azusa Pacific University, the original owners. Eminent domain allows government agencies like the college to take private property for public use if they pay just compensation to the owner. Initially the university challenged the eminent-domain proceedings as well.
The seven members of the Supreme Court ruled unanimously that Mt. San Jacinto, located about 80 miles east of Los Angeles, was correct in paying Azusa Pacific, about 25 miles northeast of the city, an amount based on the original market value of the land rather than a significantly higher price based on its value at a later date, which the university claimed it was due.
The case began in 2000, when Mt. San Jacinto filed to take possession of 30 acres of land, adjacent to its second campus, in Menifee, Calif. The land belonged to Azusa Pacific, which describes itself as an evangelical Christian institution. The community college put down a $1.8-million deposit for the land in December 2000, theoretically covering its value at that time.
Azusa Pacific countered the eminent-domain filing by arguing that it planned to use the land for a similar educational purpose. The university started construction of an educational facility on the land after it received notice of the eminent domain process but before Mt. San Jacinto took possession. Meanwhile, the university refrained from touching the deposit. If it had taken that step, it would have forfeited its right to challenge the eminent-domain proceedings in court.
"I don't know what their motivations were -- they just went out there and started constructing a building," said Steven B. Abbott, who argued the case on behalf of the community college. "I have never seen something like this before."
Azusa Pacific officials did not respond on Friday to requests for comment on the case.
According to Mr. Abbott, lower courts decided that the educational use by a public university was "more necessary" than that of a private university, and the eminent domain action was approved.
Lawyers for Azusa Pacific then shifted their focus, arguing on appeal that the university deserved the market value of the land as it was in 2004. According to court documents, Azusa Pacific's lawyers argued that it was unconstitutional to lock in the deposit at its 2000 value, yet prohibit the university from challenging the college in court if it touched the money.
The California Supreme Court disagreed, and on Thursday set the price of the land at its 2000 value.
"Yesterday was a great day for the college," said Becky C. Elam, a spokeswoman for Mt. San Jacinto. "It was very reassuring to know that our conviction was being seen throughout every layer of appeal."
The last step of the process, Ms. Elam said, is to verify through a lower court that the original $1.8-million deposit was a fair market price for the land in 2000. She expects a final ruling on the price as early as this summer.