Archives: Inverse Condemnation & Regulatory Takings

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California Supreme Court Hears First Inverse Condemnation Case in Years

On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time that the Court is weighing in on a significant case concerning the doctrine of inverse condemnation … Continue Reading

California to Finally Tackle Inverse Condemnation Reform for Wildfires?

In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the State.  On April 12, 2019, Governor Newsom announced the results of that dedicated effort, in the form of a report … Continue Reading

California Coastal Commission to Recommend Eminent Domain to Combat Sea-Level Rise?

With the recent widespread reports of sea-level rise triggered by global warming, the California Coastal Commission — a state agency which regulates coastal development — plans to release a proposal in early-2019 which provides guidelines to local jurisdictions on how to combat the potential impacts.  The stakes are enormous, as the Commission believes many homes along California’s 1,100 … Continue Reading

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

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.  But a recent California Court of Appeal case provides a unique exception involving property subject to dedication. In Prout v. California Department of Transportation (Dec. 18, 2018, … Continue Reading

Court of Appeal Provides Timely Reminder Regarding a Contractor’s Use of Property for Staging and Proper Calculation of Damages for Demise of Redwood Tree

In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking when such use is not authorized by the agency, and (b) whether “just compensation” requires payment of damages for the taking of a … Continue Reading

Court Affirms Coastal Commission’s Consideration of Takings Issues

The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything.  For example, under the Coastal Act development includes such things as a lot line adjustment, releasing fireworks on the 4th of July, or putting up a “No … Continue Reading

Improper CEQA Determination Does Not Trigger Regulatory Taking

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?  As we’ve seen in some prior cases, such improper governmental actions can trigger liability, but it is uncommon.  A recent Court of Appeal decision, Bottini v. City of San Diego (Sept. … Continue Reading

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

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. I once described these procedural obstacles as resembling Alice’s trip through Wonderland, with the parties falling in and out of state and then … Continue Reading

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation. This statutory right is set forth in Code of Civil Procedure section 1260.040 and reads as follows: “(a)          If there … Continue Reading
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