In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission's ("Commission") collateral estoppel argument and found that there is no rational nexus or rough proportionality between the work proposed by an applicant on a private residence a mile from the coast and a lateral public access easement imposed by the Commission as a condition of approval. Accordingly, the easement condition amounted to an unconstitutional taking. (Bowman v. Cal. Coastal Com. (Oct. 23, 2014).)
In 2002, the property owner of ...
Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.
Stay Connected
RSS Feed
Categories
- Administration
- Appraisal
- California
- CLIMATE CHANGE
- CONGRESS
- Construction
- Court Decisions
- EPA
- Events
- Goodwill
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- Lawsuit
- New Legislation
- Possession
- Projects
- Public Agency Law
- Publications
- Redevelopment
- Regulatory Reform and Proposed Rules
- Right to Take
- Right-of-Way
- Seminars
- Speaking Engagements and Presentations
- trial
- Valuation
- Videos
- Water