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Private Property Takings Clause California

Patton Sullivan Brodehl LLP

Are “Common Law Dedications” of Private Property to the Public Extinct?

A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory dedications follow the path set forth in the Subdivision Map...more

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Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

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In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

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Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of...

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During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a California regulation that allows union organizers to enter the private...more

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