The U.S. Supreme Court has tightened the screws on exactions, ruling in a case from Florida that government agencies must follow the Nollan/Dolan doctrine – even when a permit is denied and when the exaction involves money as well as property.

One of the many key features of 1978's Proposition 13 was the rolling back of the taxes, and limiting annual increases. A change in ownership was treated as a triggering event for purposes of establishing property valuation, and in turn, the recalculated property tax liability. Duea v. County of San Diego clarifies as aspect of how, and when, tax liability may be recalculated. 

This case involved the perfect storm of events resulting in the flooding of the plaintiffs' properties and an ensuing legal tempest. Plaintiffs sued the county in court claiming that the flooding was a result of county's failure to maintain a county road, from which the runoff spilled. Plaintiff claimed that the county's neglect of the road constituted a taking and inverse condemnation. In Gutierrez v. County of San Bernardino, the Fourth District Court of Appeals grappled with the application of the "reasonableness" takings test that applies to flood control projects.

United by common complaints against a particularly loud, disruptive neighbor, the residents who live under the flight path of Los Angeles International Airport are a relatively cohesive bunch. The Second District Court of Appeals has ruled, however, that neighborhood cohesion goes only so far. 

According to the court's decision in City of Los Angeles v. Superior Court (2011), the city's voluntary program by which certain residents who live near the airport can sell their property to the city does not amount to a taking of adjacent properties. 

An 11-judge panel of the Ninth U.S. Circuit Court of Appeals has thrown out the court's 2009 decision that invalidated the City of Goleta's mobile home rent control ordinance. This time, the court ruled the ordinance was not an unconstitutional taking of property because the mobile home park owners who brought the challenge acquired the property long after ordinance was in effect. 

As CP&DR's Senior Editor Paul Shigley pointed out last week in his blog, retiring Chief Justice Ronald George of the California Supreme Court gained a well-earned reputation as a centrist and a unifier. 

Judged by the result, the Supreme Court's June 17 decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection looks like a model of judicial restraint. The court unanimously rejected a claim by landowners on Florida's northern Gulf Coast that they had suffered an unconstitutional taking of property after beach restoration by local governments turned their oceanfront homes into ocean-view lots separated from the water by 75 feet of new sand.