Tag Archives: regulatory taking

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

Another Inverse Condemnation Temporary Damages Claim Fails to Get Off the Ground

As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award temporary damages. While there have been some successful cases (see Lockaway Storage v. County of Alameda (2013) 216 Cal.App.4th 161), those … Continue Reading

Court Rejects Takings Claim Based on Temporary Prohibition of Mining

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 … Continue Reading

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other “high-intensity petroleum operations,” including acid well stimulation and cyclic steam injection. The measure also banned any new … Continue Reading