Posts tagged Inverse Condemnation & Regulatory Takings.
Just over a year ago, on October 1, 2008, the California Court of Appeal issued a fairly rare ruling:  it found a public agency had committed a regulatory taking and remanded the matter back to the trial court to determine the amount of damages to be paid to the property owners.  Specifically, the Court held in Monks v. City of Ranchos Palos Verdes that the City of Ranchos Palos Verdes' rules preventing development in an area susceptible to landslides (the infamous Portuguese Bend landslide area) constituted a regulatory taking that was not justified by the city's power to regulate ...

Typically, regulatory takings litigation generates a lot of noise and gnashing of teeth but, at the end of the day, rarely are government agencies bitten with an order that they pay compensation. However, a new opinion from the federal 9th Circuit Court of Appeals, Guggenheim v. City of Goleta (Sept. 28, 2009, Case No. 06-56306), demonstrates that regulatory takings litigation can have teeth. In Guggenheim, the 9th Circuit holds that the city of Goleta's rent control ordinance on mobile home parks went too far and that the city will have to pay the park's owners just compensation ...

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 RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.