It takes an unusual set of circumstances for a California appellate court to find a regulatory taking based on denial of a discretionary land use entitlement. But those circumstances existed in a recent case in which the court not only found a taking, but upheld an award of attorney’s fees to the developer for both
Inverse Condemnation and Takings
U.S. Supreme Court Holds That Monetary Exactions are Subject to Nexus and Rough Proportionality Requirements
By Alan Murphy on
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 …
Supreme Court Rules Temporary Flooding May Give Rise To Takings Claim
By Marc Bruner on
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 …