Connect with CP&DR

facebook twitter

Follow us on Facebook and Twitter

Subscribe to our Free Weekly Enewsletter

Fish & Wildlife Created Physical Taking In Flooding Del Norte Subdivision

publication date: Jan 24, 2016
View a Printer Friendly version of this page, allowing you to print the page. Send a summary of this page to someone via email.

In a 61-page opinion, the Third District Court of Appeal has ruled that the Department of Fish & Wildlife's actions in managing coastal flooding around Lake Tolowa and Lake Earl in Del Norte County constituted a physical taking of the adjacent landowners' property. 

However, the Third District also ruled that the regulatory processes that led to the periodic flooding of the nearby property did not constitute a regulatory taking on the part of the Coastal Commission.

The case involves the Pacific Shores subdivision in Del Norte County, located along the beach just a few miles south of the Oregon border. The 1,500-lot subdivision itself was approved in 1963. Infrastructure such as roads is in place. But no homes have ever been built on the property, partly because the Coastal Commission has never approved a local coastal program land use plan for the area. >>read more

 


This article is available for purchase for $5.00 - please click here for details.

Sorry this page is available to premium subscribers only.

If you are already a subscriber, please login.

If you're not a subscriber why not join today?

If you believe you should be able to view this area then please contact us and we will try to rectify this issue as soon as possible.