A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency's improper denial of a permit application for a new development did not result in a regulatory taking. The case involved a local agency's improper application of CEQA to a proposed residential development, and the property owner successfully securing a decision by the court to overturn the City's requirement to comply with CEQA where there was a clear exemption. The owner also sought damages due to a lengthy delay in ...
As we've reported in the past, temporary takings are compensable in California. But such claims are not easy to prove, particularly when you're dealing with the federal government imposing temporary regulations preventing use of property. A recent case, Reoforce v. United States, demonstrates some of the hurdles an impacted property owner may face.
In Reoforce, the plaintiff discovered a mineral deposit called pumicite on federal land in Kern County, California. Believing the deposit had potential value for paint and fiberglass applications, Reoforce submitted a mining ...
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