Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Inverse Condemnation

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

A government agency cannot be held liable for inverse condemnation by reason of erosion caused by inadequate storm drainage facilities unless the agency owns those facilities.  Here, as a condition of approving subdivision maps, defendant county required the developers of two subdivisions along a creek to build storm drainage facilities in the creek adjoining the subdivisions.  The county also required… Read More

The trial court correctly dismissed this developer's inverse condemnation claim for failure to exhaust administrative remedies.  A city employee orally modified a grading plan for plaintiff's townhouse project while the project was under construction.  Plaintiff proceeded under the modified plan and grading permit without appealing the modification to the city's permit appeals board.  The decision rejects the plaintiff's argument that… Read More

The owner of the Bonaventure Hotel in Los Angeles could not state a claim for inverse condemnation or nuisance against defendant for the disruption caused by defendant's digging a trench down Fourth Street to build a subway tunnel.  In prior litigation, the court had determined that due to unstable soil conditions, an underground tunneling operation was infeasible.  An inverse condemnation… Read More