The U.S. Supreme Court's decision last year in Koontz v. St. John's River Water Management District received quite a bit of national coverage in the development world. If you'll recall, Koontz held that the nexus and proportionality standards that apply to the government's attempt to exact land in exchange for a land use permit similarly apply to monetary exactions. While the decision may have caused a change in the entitlement process in other states, this was generally already the rule in California under the Mitigation Fee Act. So deciphering just how Koontz would impact ...
The California Court of Appeal issued an interesting unpublished decision yesterday addressing a number of eminent domain issues, ranging from right to take challenges, entitlement to goodwill, severance damages, and jury instructions. The case, City of San Luis Obispo v. Hanson, garnered enough attention that several third parties filed Amicus briefs with the Court.
By way of background, the City of San Luis Obispo decided to realign a road partly in order to accommodate a newly approved Costco development. The realignment required right-of-way acquisition from a property ...
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