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Daniel v. Santa Barbara, County of

ELR Citation: 32 ELR 20504
Nos. No. 99-56887, 282 F.3d 1196/(9th Cir., 03/12/2002)

The court affirms a district court decision that a county's 1998 acceptance of a 1987 irrevocable offer to dedicate a portion of beachfront property was not a taking of the current owner's property. The court first holds that the prior owners of the property that made offers to dedicate to the county a five-foot-wide pedestrian and bicycle easement across the property would now be time barred from pursuing takings claims arising out of the exaction of the offers to dedicate. The current owners, as their successors-in-interest, are similarly time barred. The court next holds that the current owners, who purchased with knowledge of the county's options to accept the easement, may not, by virtue of that purchase, revive their predecessors' time-barred claims for those takings. A taking occurs when the option to take an easement is granted, not when the option is exercised.

Counsel for Plaintiffs
Steven A. Amerikaner
Hatch & Parent
21 E. Carrillo St., Santa Barbara CA 93101
(805) 963-7000

Counsel for Defendants
Virginia R. Pesola
County Counsel's Office
836 Anacapa St., Santa Barbara CA 93102
(805) 568-2300

Fletcher, J. Before Trott and McKeown, JJ.