News & Analysis as of

Takings Clause Inverse Condemnation Statute of Limitations

Perkins Coie

Public Agency Could Validly Accept Dedication After Twenty Years By Physically Occupying the Property

Perkins Coie on

Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019). Prout...more

Sheppard Mullin Richter & Hampton LLP

State Agency’s Intentional Flooding for Environmental Protection Results in Physical Taking of Private Property – Strict Liability...

Pacific Shores Property Owners Association v. Department of Fish and Wildlife (1/20/16, C070201) - On January 20, 2016, the Court of Appeal for the Second Appellate District of California ruled that where a state agency...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending October 2, 2015

Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment 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

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