The Deed is Done: Bruce’s Beach Officially Returned to Family’s Descendants Almost a Century After Pretextual Condemnation

Source: www.californiabeaches.com

In November 2021, we blogged about a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. That blog can be found here. Fast forward to mid-July 2022, an oceanfront ceremony officially marked the first time that the government returned land that had been wrongfully taken by eminent domain from an African American family.

As a quick refresher: The property, widely known as Bruce’s Beach, was originally bought by Willa and Charles Bruce in 1912 and quickly became a thriving retreat in Manhattan Beach for African American beachgoers. Bruce’s Beach was the only beach in the area that was owned by and operated for African Americans to escape pervasive racial harassment and violence. Unfortunately, this idealized vision was incompatible with the racist beliefs of the time and many beachgoers still experienced violence at the resort in the form of flattened tires and attempted arsons. By the mid-1920s, the Manhattan Beach Board of Trustees sought to take two blocks of city land using the power of eminent domain by suggesting the public need for a local park. The Bruces’ property fell within the proposed taking area, as well as lots owned by four other African American families, and nine white landowners. In the later 1920s, the Court rendered final judgment permitting the taking, and the Bruces were paid $14,500 in compensation for the property. After the taking of the Bruces’ property, the area laid vacant for decades. Sometime in the 1960s, a small park was finally constructed on a portion of the property.

In 2020, the property’s troubled history gained widespread public attention following the George Floyd protests. California State Senator Steven Bradford introduced a bill in early 2021 to authorize the return of the property to the Bruce family descendants. The bill passed the California Legislature and was signed into law by Governor Newsom by the end of September 2021. However, in early November 2021, a local L.A. attorney filed a lawsuit alleging that the return of the property is unconstitutional. The lawsuit contends that taking was a valid exercise of Manhattan Beach’s eminent domain power and that the public purpose was fulfilled by the construction of a park on the property.

In July 2022, Los Angeles County Supervisor Janice Hahn, a key figure who helped spark the movement to transfer the property back to the Bruce family, spoke at the transfer ceremony and stated as follows:

Today, we’re sending a message to every government in this nation confronted with the same challenge: This work is no longer unprecedented.…We have set the precedent, and it is the pursuit of justice.

Following Hahn’s remarks, Anthony Bruce, a family descendant, held up a deed showing that he was now the lawful owner to cheers and applause by the crowd. Based on the information that was released prior to the official transfer, Los Angeles County will rent the property from the Bruces for $413,000 a year and maintain a lifeguard facility there. The lease agreement also includes the right for the county to purchase the land at a later date for $20 million, plus any associated transaction costs.

This story demonstrates a novel approach for the government to return land that was wrongfully seized by eminent domain. While it is unclear whether this approach would be employed in New Jersey, property owners are able to fight governmental takings by asserting a number of defenses that are grounded in statutes and in case law. If you believe your property is being wrongfully taken by a condemning authority, please contact McKirdy, Riskin, Olson & DellaPelle, P.C. to speak with an experienced condemnation attorney.