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Takings Clause State and Local Government Real Estate Development

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

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Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

Nossaman LLP

Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?

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We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval.  These can range from...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

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A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

Perkins Coie

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

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Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

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The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Bilzin Sumberg

Government Violated Developer’s Bert J. Harris Act Rights by Denying Site Plan, Finds Florida 4th District Court of Appeals

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In a significant ruling, Florida’s Fourth District Court of Appeal in the case of Ocean Concrete, Inc. v. Indian River County ruled the government violated the developer’s Bert J. Harris Act rights by denying a site plan for...more

Nossaman LLP

When Proposed Public and Private Projects Collide

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Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

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