News & Analysis as of

Takings Clause CA Supreme Court

Miller Starr Regalia

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

Nossaman LLP

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

Nossaman LLP on

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

Nossaman LLP

Update: California Supreme Court Oral Arguments

Nossaman LLP on

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Denies Certiorari in Challenge to San Jose’s Inclusionary Housing Ordinance; Justice Thomas Suggests The Issue is...

On February 29, 2016, the Supreme Court of the United States denied the California Building Industry’s petition for writ of certiorari seeking review of the decision of the California Supreme Court in California Building...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Perkins Coie

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

Perkins Coie on

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

Miller Starr Regalia

Don’t Miss This Deadline To File A Regulatory Takings Claim

Miller Starr Regalia on

The Court of Appeal has recently reminded land use practitioners of an important deadline when pursuing a takings claim: A takings challenge based on a land use determination must be filed within 90 days of that determination...more

Farella Braun + Martel LLP

California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in...more

Nossaman LLP

California Supreme Court Holds Inclusionary Zoning Subject to Rational Basis Review

Nossaman LLP on

2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

Nossaman LLP

2014 Eminent Domain Year in Review & 2015 Forecast

Nossaman LLP on

At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide