Header graphic for print
California Land Use & Development Law Report Legal Commentary on Planning and Development

Tag Archives: Inverse Condemnation and Takings

Requiring dedication of overflight easement as condition to issuance of building permits does not constitute an unconstitutional exaction

Posted in Exactions and Assessments

 A recent California Court of Appeal decision considered the argument that a county requiring property owners to dedicate an overflight easement as a condition to issuance of a building permit was an unconstitutional exaction. The court concluded that the owners could not establish a taking because they were unable to show that the government simply… Continue Reading

U.S. Supreme Court Holds That Monetary Exactions are Subject to Nexus and Rough Proportionality Requirements

Posted in Exactions and Assessments

In a 5-4 decision, the United States Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the development.  Koontz v. St. Johns River Water Management District, 570 U.S. ___ (2013). The Court held that these requirements… Continue Reading

Supreme Court Rules Temporary Flooding May Give Rise To Takings Claim

Posted in Land Use

In an important constitutional decision, the Supreme Court made clear there is no “blanket” rule prohibiting a takings cause of action for government-induced flooding that is only temporary.  The Court therefore reversed the Federal Circuit, which had decided such flooding must be “permanent or inevitably recurring” to give rise to a viable takings claim.  Arkansas… Continue Reading