Real Estate & Property Law

New Opinions: Inverse Condemnation Statute Of Limitations, Impact Fee Nexus

By Robert Thomas (inversecondemnation.com)

Here are two opinions just received that look awfully interesting, but that we haven't had a chance to read in detail:

• Homebuilders Ass'n Tulare/Kings Counties, Inc. v. City of Lemoore, No. F057671 (Cal. Ct. App. June 9, 2010) - invalidating a fire protection impact fee under California's Mitigation Fee Act because "it is not reasonably related to the burden created by the development project."

• Beyer v. City of Marathon, No. 3D08-2864 (Fla. Dist. Ct. App. June 9, 2010) - denial of Beneficial Use Determination started limitations period on an as-applied takings claim, meaning that inverse condemnation complaints were timely filed.

More details to follow.

Full post as published by inversecondemnation on June 10, 2010 (boomark / email).