Marin County’s new Land Use Plan requires landowners who currently use their land for agricultural purposes to remain “actively and directly engaged” in agriculture in perpetuity. This requirement is tied to building permits within the county’s agricultural zone. For PLF client Willie Benedetti, owner of Benedetti Farms and Willie Bird Turkeys, the mandate means he must choose between working forever or retiring and giving up his property. Benedetti is suing the county and the California Coastal Commission for this unconstitutional condition on his right to use his property.
Willie Benedetti owns two parcels of property totaling 267 acres in Valley Ford, California, in Marin County. The property is within the coastal zone and subject to the requirements of the county’s Land Use Plan for that area. One parcel contains Benedetti’s home and both are used for his companies, Benedetti Farms and Willie Bird Turkeys. Benedetti would like to build a second home on his property, for his son Arthur and daughter-in-law. Arthur is not involved in the daily operations of the companies.
The permit needed to build this house triggers the county’s requirement that the property owned by someone actively and directly engaged in agricultural use of the property. Moreover, when Benedetti finally steps down from day-to-day operations of his farm, he would like to maintain ownership of both companies and the 267-acre parcel, and to continue living in his home, even though he would no longer be actively and directly engaged in agricultural use of the property.
PLF sued on Benedetti’s behalf, on the grounds that he has a federal constitutional right to be free from irrational and illegitimate deprivation of his liberty and property, and that the permit condition effectively takes a significant aspect of his property ownership without compensation. Litigation is ongoing in the Marin County Superior Court.