Downzoning property is always a thorny issue: on the one hand, zoning changes are typical, "police power"-type governmental activities; on the other hand, they can significantly impact property values, and in some cases can result in governmental takings liability. When a property owner experiences a change in zoning, there are typically two theories that can be pursued: one is so-called "spot zoning," and the other is a regulatory taking.
Under the first theory, "spot zoning," a property owner can have a zoning designation invalidated if it can prove the government targeted the ...
"Downzoning" describes a government agency's rezoning a parcel of land once previously zoned for a more intense use to a more restrictive use (e.g., changing the commercial zoning designation of an undeveloped parcel of land to agricultural or open space). Those who purchase an undeveloped property zoned for commercial, industrial, or residential uses, only to later have that property rezoned for agricultural or open space uses unquestionably suffer a loss. But when is it compensable?
There's an interesting news article on the Daily Zilla about an alleged downzoning case ...
OK, before I get into this one, you should know that I've been sitting on this story for a week, trying to decide whether it warranted a blog post. I still haven't quite figured out what happened, and I was just about to let it go, but then my colleague Brad Kuhn pointed out earlier today that the very fact that the whole thing is so odd makes it worthy of a discussion. So here goes.
Last week, the City of San Clemente appealed from an earlier ruling by an Orange County Superior Court judge that the City of San Clemente was liable for a taking that resulted when the City (apparently in secret) down ...
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, including condemnation, inverse condemnation, and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts, and report on all major California eminent domain conferences and seminars.
Stay ConnectedRSS Feed
- CLIMATE CHANGE
- Court Decisions
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- New Legislation
- Public Agency Law
- Regulatory Reform and Proposed Rules
- Right of Way
- Right to Take