Yesterday, we wrote about the Avenida San Juan Partnership v. City of San Clemente decision. For more information on the decision, see the following:
- Our E-Alert, Court of Appeal Upholds Regulatory Takings Decision Under Penn Central Test;
- Man Bites Dog! California Property Owner Wins Regulatory Taking Case in the California Court of Appeal, a blog post by Gideon Kanner on Gideon's Trumpet;
- Either Reverse Your Unconstitutional Spot Zoning, Or Pay. Your Choice, by Robert Thomas on his inversecondemnation.com blog; and
- Eminent Domain: Winning Owner In Inverse Condemnation Battle ...
Last April, we reported on a bizarre case arising out of the City of San Clemente's attempt to down zone a piece of property. The trial court had concluded that the down zoning constituted a taking and ordered the City to rescind a decision supported by that down zoning. The City had denied an application to develop the property because the application did not conform to the current general plan and zoning ordinance (the City seems to have sidestepped the fact that the development applications included applications to amend the general plan and zoning).
In addition to a writ of mandate ...
The California Court of Appeal has issued a new published decision involving an unusual set of circumstances surrounding an eminent domain and inverse condemnation case. In Cobb v. City of Stockton, the City filed an eminent domain action to acquire the owner's property; shortly thereafter, the City obtained prejudgment possession and constructed a public roadway on the property. So far, seems typical.
Here's where things get unusual. After nine years, the matter had not made its way to trial, and the court dismised the action for "lack of prosecution." (I'm not entirely sure how ...
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.