City of Oakland v. Oakland Raiders (Raiders I) case brief

City of Oakland v. Oakland Raiders (Raiders I) case brief summary
646 P.2d 835 (1982)

CASE SYNOPSIS

Appellant city sought review of a judgment rendered by the Superior Court of Monterey County (California) that granted summary judgment to appellee football franchise in an eminent domain action.

CASE FACTS
When the football franchise announced its intention to move the football team to another city, the city commenced an action in eminent domain. The trial court granted summary judgment for the franchise and dismissed the action. The city contended that what it sought to condemn was property that was subject to established eminent domain law. The city also argued that whether it could establish a valid public use was a determination for the court after a full trial. The franchise argued that the law of eminent domain did not permit the taking of intangible property not connected with realty, thereby rendering impossible the city's condemnation of the football franchise which the franchise described as a network of intangible contractual rights.

DISCUSSION/HOLDING

• The court reversed the judgment granting summary judgment to the franchise. 
• The court held that the right of eminent domain encompassed property of every kind and character, whether real or personal, or tangible or intangible.

CONCLUSION
The court reversed the judgment that granted summary judgment to appellee football franchise in an eminent domain brought by appellant city because the law of eminent domain did permit the taking of intangible property.


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