News & Analysis as of

Inverse Condemnation Real Estate Development

Nossaman LLP

A Taking or Just a Fee?

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We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court.  For a quick refresher, the case concerns...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

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A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

Perkins Coie

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

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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

Court Holds That County’s Abandonment of Public Road Easement Rights Did Not Violate Brown Act, Was Supported by Substantial...

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On August 17, 2020, in Martis Camp Community Association v. County of Placer, __ Cal.App.5th __ (2020) (Case Nos. C087759 and C087778), the Third District Court of Appeal addressed several novel legal claims arising from the...more

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

Flowage Easement/Taking: Pope County, Arkansas Landowner Complaint for Declaratory Judgment Against U.S. Corps of Engineers

Russellville Legends, LLC, (“RLL”) filed a July 29th Complaint for Declaratory Judgment or Alternatively for Damages (“Complaint”) in the United States District Court (Eastern District Arkansas) against the United States Army...more

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When Can The Government Physically Occupy Property Without Facing Inverse Condemnation Liability?

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When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more

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Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To...

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In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more

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Improper CEQA Determination Does Not Trigger Regulatory Taking

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When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more

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Should Property Owners Pursue Takings Claims in State or Federal Court?

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When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. ...more

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Another Inverse Condemnation Temporary Damages Claim Fails to Get Off the Ground

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As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award...more

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When Proposed Public and Private Projects Collide

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Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

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Two Decisions out of San Diego Remind Us to Follow the Rules

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We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court...more

Miller Starr Regalia

“No Build” Condition On Shopping Center Property Is Compensable Regulatory Taking

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The Court of Appeal has squarely held that a prohibition on development of a portion of a shopping center project site, in order to “bank” that property for possible future acquisition, was a temporary taking. (Jefferson...more

Perkins Coie

If At First You Succeed, Don’t Try, Try, Try Again

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The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

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