Regulatory Takings

California Regulatory Takings Lawyers

Sometimes a property owner believes that government regulation of his property rights has gone too far, and has deprived him of substantially all economically viable use of his property. In this circumstance, the property owner may be entitled to compensation for what is call a "regulatory taking."

The courts have recognized that a state statute or local ordinance may impose restrictions or demands on the use of private property that are so onerous that it amounts to a regulatory taking and the government must compensate the owner.

What Constitutes a Regulatory Taking?

Regulatory takings can involve zoning issues, environmental issues, and rent control ordinances, just to name a few. Examples include:

• Land zoned residential that was later rezoned for agricultural use only
• Wetlands statues that limit land owners' use of their property
• Regulations prohibiting development because of the risk of landslides
• Rent control ordinances that limit landlords' ability to profit from their property investment

Government action may cause an indirect taking of property, physical impact on property, or interference with use of property. In such cases, the property owner may bring an "inverse condemnation" action to compel the government to begin eminent domain proceedings and compensate the owner.

Representing Property Owners and Governments

At Endeman, Lincoln, Turek & Heater, LLP, our attorneys represent property owners, both businesses and individuals, who have been deprived of the full use of their property by regulatory takings.

Our law firm also represents municipalities in regulatory takings matters. In the case of Yee v. City of Escondido, for example, we successfully represented the City of Escondido before the U.S. Supreme Court. The decision established that a city rent control ordinance did not amount to a regulatory taking.

We have been hired as authorities in regulatory taking law by the cities of Capitola, Ventura, San Luis Obispo, Oceanside, Escondido, San Marcos, Montclair, Rialto, Carpintaria, Rancho Mirage, Palm Desert, Watsonville, Union City, Hollister, Concord, Morgan Hill, and Cotati.

If you are involved in a conflict between the rights of government and those of individual property owners, please contact a regulatory takings lawyer at Endeman, Lincoln, Turek & Heater, LLP. From our office in San Diego, we represent clients throughout the state.