CP&DR

Takings Lawsuit Settlement Hinges On Legislation

May 1, 2008

CP&DR Staff, Featured Articles, San Mateo County, Takings, Vol. 23 No. 05 May 2008

The City of Half Moon Bay has reached a settlement agreement with a developer who won a takings lawsuit against the city. Last December, U.S. District Court Judge Vaughn Walker awarded developer Charles Keenan $36.8 million in damages, plus interest and attorney's fees, because an incomplete city drainage project had transformed an approved 24-acre housing project site into an unbuildable wetland (see CP&DR In Brief, January 2008).

City Ordered to Pay Landowner $36.8 Million

Dec 27, 2007

CP&DR Staff, In Brief, Takings, Vol. 23 No. 01 Jan 2008

A federal judge has told Half Moon Bay to pay a property owner for making his property unbuildable; Placer County has sued a former planning commissioner for alleged Subdivision Map Act improprieties; government agencies are suing over a San Diego State expansion plan; Humboldt County has dropped proposed timber zoning resrictions; and more news about flood issues in Sacramento.

9th Circuit Cracks Door Open For Out-Of-State Property Owners

Nov 27, 2007

California, CP&DR Staff, Legal Digest, Takings, Vol. 22 No. 12 Dec 2007

The Ninth U.S. Circuit Court of Appeals has issued two takings decisions from outside California favorable to property owners.

Highway 4 Dedication Demand Ruled Constitutional

Sep 24, 2007

Contra Costa County, CP&DR Staff, Legal Digest, Takings, Vol. 22 No. 10 Oct 2007

The requirement that two Antioch property owners dedicate land for a new highway bypass when they develop their property is constitutional, the First District Court of Appeal has ruled.

Coastal Commission Rejects Development in Monterey County

Jun 29, 2007

California, Corruption, CP&DR Staff, Eminent domain, In Brief, Initiatives and referendums, Takings, Vol. 22 No. 07 Jul 2007

The Coastal Commission has rejected Pebble Beach Company's Del Monte Forest plan in Monterey County, Placer County Board of Supervisors remove thier panning commissioner after published controversy, a superior court judge rejects San Francisco referendum petitions, Napa County begins processing an application for the largest project in county history, and Oregonians will vote on a takings ballot measure.

Supreme Court Taking Decision Doesn't Aid Mobile Home Park Owners

Jun 6, 2007

CP&DR Staff, Legal Digest, Takings, Ventura County, Vol. 22 No. 04 Apr 2007

Chico Subdivision Modifications Don't Qualify As Illegal Exaction

May 29, 2007

Butte County, CP&DR Staff, Legal Digest, Takings, Vol. 22 No. 06 Jun 2007

The apportionment of lots in a subdivision is not an "exaction" under the Mitigation Fee Act, a state appellate court has ruled.

Court Says San Diego's Airport Proposal, Traffic Didn't Damage Property Rights

Nov 1, 2006

Legal Digest, Paul Shigley, San Diego County, Takings, Vol. 21 No. 11 Nov 2006

One of the largest takings awards in California history has been thrown out by a state appellate court, which ruled that preliminary airport planning and traffic circulation changes by the City of San Diego did not amount to a taking of a developer's property.

SF Hotel's Takings Suit Concludes

Jul 1, 2005

Legal Digest, Paul Shigley, San Francisco, Takings, Vol. 20 No. 07 Jul 2005

Property owners who contend that the government has taken their property without just compensation must press their monetary claims in state court and might never get to argue in federal court.

State Supreme Court Holds The Line On Takings Law

Apr 1, 2002

Legal Digest, Paul Shigley, San Francisco, Takings, Vol. 17 No. 04 Apr 2002

In its first takings case decision in three years, the state Supreme Court has upheld a San Francisco law that regulates the conversion of residential hotel rooms to tourist use. In a 4-3 decision based largely on its 1996 Ehrlich decision, the court ruled that exactions that are part of a broad plan deserve deferential review, while ad hoc exactions are subject to much closer court scrutiny.