To establish a violation of their right to substantive due process, the Dodds must prove that the County's actions were "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." Euclid v. City & County of San Francisco, 605 F.2d 1117 (9th Cir. City of South Lake Tahoe, 915 F.2d 1290 (9th Cir.
LORETTO V TELEPROMPTER MANHATTAN CATV CORP FREE
"There is, of course, no federal Constitutional right to be free from changes in the land use laws." Lakeview Dev. 16, 18-19 (1880) (denying compensation to owners whose houses were destroyed to prevent spread of fire) Shaffer, 576 P.2d at 824-25 (finding that city may enter to demolish substandard vacant building without compensating owner)."he government affects a physical taking only when it requires the land owner to submit to the physical occupation of his land." Ferguson, 852 P.2d at 207. 272, 278 (1928) (permitting state entomologist to enter property and destroy diseased trees without affecting a taking) see also Bowditch v. This does not amount to a physical occupation even where the government's activity has a permanent effect. However, the state may enter property to enforce a valid land use regulation and destroy the offending property. at 427-28 (installation of cable) Pumpelly, 80 U.S. 825 (1987) (public easement to beach) Loretto, 458 U.S. 164 (1979) (public access to pond) Nollan v. Physical invasions have been found where the government interferes with the owner's " right to exclude." See, e.g., Kaiser Aetna v. Teleprompter Manhattan CATV Corp., 458 U.S. When Is Compensation Required?Īn otherwise valid exercise of the police power constitutes a taking for which compensation is due if the owner suffers a permanent, physical occupation of the property. A taking can occur even without the actual physical seizure of property, such as when a government regulation has substantially devalued a property.
When the government acquires private property and fails to compensate an owner fairly.
Declining to Hear a Case on Ripeness Grounds Williamson County and the Rubric of Ripeness 5. Challenging an Unconstitutional Taking 4.
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