United States of America v. 1.41 Acres of Land et al

Filing 153

ORDER DENYING REQUEST OF THE UNITED STATES FOR AN ADVISORY OPINION by Hon. William Alsup denying 126 Motion Finding that Easement Would Be Substitute Facility.(whalc1, COURT STAFF) (Filed on 9/28/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-01781 WHA

v.

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1.41 ACRES OF LAND, more or less,
situated in the City of Alameda, Alameda
County, State of California, and THE
STATE OF CALIFORNIA, acting by and
through its Department of Parks and
Recreation, and the EAST BAY
REGIONAL PARK DISTRICT,

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Defendants.

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/

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ORDER DENYING REQUEST
OF THE UNITED STATES FOR
AN ADVISORY OPINION

The United States has filed a “Motion for a Finding that the Conveyance of a Street Use

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and Parking Easement to Defendant State of California, its Successors and Assigns, is the

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Reasonably Necessary Substitute Facility” (Dkt. No. 126). A previous order denied a motion for

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summary judgment that only nominal compensation was due, as the United States failed to

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reserve parking rights to defendants in its condemnation of McKay Avenue (Dkt. No. 113). The

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United States has proposed to convey a non-exclusive easement to defendant the State of

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California, and its successors and assigns, for street purposes and for parking. The easement has

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not been executed or recorded.

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With this motion, the United States seeks an advisory opinion that the grant of this
easement is adequate compensation. Such an advisory opinion would be improper, and for that

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reason, the motion of the United States is DENIED. The portion of the hearing scheduled for

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WEDNESDAY, SEPTEMBER 30 AT 2:00 P.M. pertaining to this motion is hereby VACATED.

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IT IS SO ORDERED.

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Dated: September 28, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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