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Inverse Condemnation Land Owners

Perkins Coie

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Perkins Coie on

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

Miller Starr Regalia

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

Miller Starr Regalia on

In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

Miller Starr Regalia

Caltrans’ Acceptance of Offer of Dedication by Physical Occupation Does Not Lead to Takings Liability

Miller Starr Regalia on

Takings cases involving transportation agencies such as Caltrans typically involve physical occupations of land under the law of eminent domain. In a twist on such physical occupation, in a case originally filed on December...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. : 3:17cv272-DPM. ...more

Maynard Nexsen

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

Maynard Nexsen on

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

Maynard Nexsen

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

Maynard Nexsen on

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

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