CP&DR

Sotomayor's Light Record On Property Matters Creates Uncertainty

Jul 30, 2009

Insight, Takings, Vol. 24 No. 09 Aug 2009 - 1, William Fulton

The conventional wisdom is that Sonia Sotomayor's appointment to the U.S. Supreme Court doesn't make a whole lot of difference, because there's not much meaningful ideological distance between her and her predecessor, Justice David Souter. So, the party line goes, the court will still be stuck in the familiar 5-4 or 4-5 split, depending on how Justice Anthony Kennedy is feeling that day. But there's a debate brewing as to whether that's really the case in land use and property rights law.

Court Sides With Butte County In Flood Control Suit

Mar 31, 2009

Butte County, CP&DR Staff, Legal Digest, Takings, Vol. 24 No. 04 Apr 2009

A Butte county landowner who claimed that flood control measures undertaken and approved by Butte County amounted to inverse condemnation had all of his arguments rejected by the Third District Court of Appeal. The court ruled that the strict liability standard that applies in most inverse condemnation cases does not apply in the flood control context. Instead, the court determined a rule of reasonableness applied to the claims, and the landowner did not prove that the county acted unreasonably.

Court Permits Landowner To Challenge Growth Control Extension

Feb 3, 2009

Legal Digest, Paul Shigley, Santa Clara County, Takings, Vol. 24 No. 02 Feb 2009

A state appellate court has cleared the way for a property owner to challenge an extension of a Morgan Hill growth control ordinance. The court ruled that the 10-year extension of an ordinance that was scheduled to sunset in 2010 could be contested even if the ordinance was unchanged from the original.

Court Defines 'Physical Taking' To Include Water For Rare Fish

Oct 27, 2008

Legal Digest, Paul Shigley, Takings, Ventura County, Vol. 23 No. 11 Nov 2008

In a decision with enormous potential ramifications for environmental regulation, a federal appellate court has ruled that a Bureau of Reclamation mandate requiring a Ventura County water district ensure adequate river flow for an endangered fish species was a physical appropriation of the water. The court ruled that the Casitas Municipal Water District's claims should be considered under the physical takings doctrine, not under the much narrower regulatory takings standard.

Rancho Palos Verdes Moratorium Deemed A Taking

Oct 27, 2008

Los Angeles County, Paul Shigley, Takings, Vol. 23 No. 11 Nov 2008

The City of Rancho Palos Verdes' 30-year moratorium on new home construction in an area the city says is prone to landslides is an unconstitutional taking of private property, the Second District Court of Appeal has ruled. The decision marks a rare takings victory for property owners in state court.

Council Resolution Doesn't Affect Property Rights, Court Rules

Oct 22, 2008

CP&DR Staff, Legal Digest, Los Angeles County, Takings, Vol. 23 No. 11 Nov 2008

A property owner's challenge of a Sierra Madre City Council resolution directing a committee to consider stricter regulation of hillside development has been thrown out by the Second District Court of Appeal.

The unanimous three-judge appellate panel upheld a trial court judge who had ruled that the situation was not "ripe" for judicial review. Although the resolution might lead to less potential development, the resolution itself had no binding implications for the property owner's land, the Second District determined.

Property Rights Case Law Evolves With 9th Circuit Decision

Oct 1, 2008

CP&DR Staff, Legal Digest, Takings, Vol. 23 No. 10 Oct 2008, Washington

The Ninth U.S. Circuit Court of Appeals continued to flesh out its property rights jurisprudence with a decision from Spokane, Washington — this time by siding with property owners seeking to protect their own rights by enforcing historic preservation regulations.

Inclusionary Housing Ordinance Withstands Property Rights Suit

Oct 1, 2008

CP&DR Staff, Legal Digest, Los Angeles County, Takings, Vol. 23 No. 10 Oct 2008

A property owner challenging the constitutionality of an inclusionary housing ordinance may not employ the nexus and rough proportionality tests from the Nollan and Dolan cases, the Second District Court of Appeal has ruled.

County Abatement Proceedings Withstand Landowner's Challenge

Sep 4, 2008

Contra Costa County, CP&DR Staff, Legal Digest, Takings, Vol. 23 No. 09 Sep 2008

A Contra Costa County order directing a water ski club to remove 28 unpermitted dwelling units plus docks and accessory structures has been upheld by the First District Court of Appeal.

Despite the fact that some of the structures have been in place for 40 years, the county has the authority to order their removal, the court ruled. The court rejected the ski club's argument that the abatement order was a taking of private property and violation of constitutional rights, and the court denied the club's request to limit the county's abatement order.

9th Circuit Overturns Pacifica Developer's Award Of Damages

Jun 30, 2008

CP&DR Staff, Legal Digest, San Mateo County, Takings, Vol. 23 No. 07 Jul 2008

An award of $665,000 in damages and legal expenses to a developer in Pacifica has been thrown out by the Ninth U.S. Circuit Court of Appeals. The unanimous three-judge panel determined that a questionable condition of project approval that the city eventually repealed did not constitute a violation of the developer's equal protection rights because the condition did not stop the project from moving forward.

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