Author: Luke A. Wake
Howard v. San Diego County has been certified for publication. We filed an amicus brief in that case on behalf of two property owners who were being asked to seek an amendment to their County's general plan before litigating their takings claim. We were pleased that the Court agreed with our argument that landowners should not be forced to resort to the political process before having their day in court to challenge a taking of their property.
The decision was originally unpublished; however, we asked the court to publish the decision so that property owners, and local governments alike, will have guidance on the question of when a takings claim may be advanced in court. We were pleased to learn that the decision has been published and can now be relied upon as precedent.
This is a victory for property rights because it makes clear that government regulators cannot evade liability for the taking of private property by requiring landowners to resort to an endless cycle of administrative and legislative procedures.