EMINENT DOMAIN - CALIFORNIA

Pacific Shores Property Owners Assn. v. Department of Fish & Wildlife

Court of Appeal, Third District, California - January 20, 2016 - 244 Cal.App.4th 12 - 198 Cal.Rptr.3d 72 - 16 Cal. Daily Op. Serv. 830

Owners of undeveloped subdivision along lagoon’s shore, whose properties suffered flooding damage when lagoon rose above certain level, filed inverse condemnation action against Department of Fish and Wildlife and Coastal Commission, alleging owners suffered a physical taking from Department’s actions related to breaching lagoon’s sandbar, and a regulatory taking by Commission retaining land use jurisdiction over subdivision instead of transferring it to county.

The Superior Court found Department and Commission liable for physical taking and awarded damages, but concluded owners’ claim for regulatory taking was barred, awarded owners attorney fees, and denied owners any precondemnation damages. All parties appealed.

The Court of Appeal held that:



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