Jump to Navigation
Jump to Content

Allegretti & Co. v. Imperial, County of

ELR Citation: 36 ELR 20085
Nos. No. D045156, (Cal. Ct. App. 4th Dist., 03/28/2006)

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit limited the landowner from extracting no more than 12,000 acre/feet per year of water from the aquifer underlying its property. The imposition of a permit condition limiting the total quantity of groundwater available for the landowner's use cannot be characterized as or analogized to the kinds of permanent physical occupancies or invasions sufficient to constitute a categorical physical taking, and the court refused to apply Tulare Lake Basin Water Storage Dist. v. United States, 49 Fed. Cl. 313, , ,