News & Analysis as of

Takings Clause Construction Industry

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

Perkins Coie on

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

Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan

Perkins Coie on

A traffic mitigation fee required for construction of a single-family home did not amount to an “unconstitutional condition” in violation of the takings clause of the Fifth Amendment, and the County complied with the...more

Nossaman LLP

An Inverse Condemnation Claim Arising From a Public Project’s General Construction Activities Requires a Unique, Peculiar, and...

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When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property,...more

Bilzin Sumberg

Government Violated Developer’s Bert J. Harris Act Rights by Denying Site Plan, Finds Florida 4th District Court of Appeals

Bilzin Sumberg on

In a significant ruling, Florida’s Fourth District Court of Appeal in the case of Ocean Concrete, Inc. v. Indian River County ruled the government violated the developer’s Bert J. Harris Act rights by denying a site plan for...more

Haight Brown & Bonesteel LLP

San Diego Developer Strikes Out on “Disguised Taking” Claim

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority et al.(D068161, filed 9/26/17, publication order 10/19/17), the California Court of Appeal, Fourth Appellate District held that the County of San Diego...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

Nossaman LLP

California Supreme Court Holds Inclusionary Zoning Subject to Rational Basis Review

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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

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