What is the test for establishing new title and extinguishing previous title?

California, United States of America


The following excerpt is from Linda Vista Vill. San Diego Homeowners Ass'n, Inc. v. Tecolote Investors, LLC, 183 Cal.Rptr.3d 521, 234 Cal.App.4th 166 (Cal. App. 2015):

decades, then deeded it to the City. The authorities establish that when a complete taking of a property interest pursuant to federal eminent domain occurs, it establishes new title and extinguishes previous interests not specifically excepted by the taker. ( U.S. v. 32.42 Acres of Land, supra, 683 F.3d 1030, 1034 ; Burkhart v. U.S. (9th Cir. 1955) 227 F.2d 659, 661662 ; U.S. v. Carmack (1946) 329 U.S. 230, 240242 [91 L.Ed. 209, 67 S.Ct. 252].) No exceptions to these takings were specified on the face of the judgments.

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