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Serra Canyon Co. v. California Coastal Comm'n

ELR Citation: 34 ELR 20049
Nos. No. B165314, (Cal. Ct. App., 06/15/2004)

A California appellate court upheld the dismissal of a landowner's inverse condemnation claim against California in which it sought to avoid the effect of an irrevocable offer to dedicate land for public use. The dedication was made by a prior owner of the land in 1983 as a condition of a permit to expand a mobile home park on the property. The current landowner argued that it has not received just compensation for the property. Requiring the prior owner to cede ownership of the property in return for a development permit was involuntary and unconstitutional; therefore, the landowner contends, any attempt to "accept" the offer to dedicate is void. All challenges to a condition placed on a development permit had to be asserted at the time the final permit decision was made and the condition was imposed. The challenge in this case was waived by the prior owner's failure to pursue its judicial remedies for an unjust taking of private property, and the present landowner is bound by that waiver.