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Yamagiwa v. Half Moon Bay, City of

ELR Citation: 37 ELR 20302
Nos. No. C-05-4149, (N.D. Cal., 11/28/2007)

A federal district court ordered city officials to pay a property owner nearly $37 million for creating wetlands on a 25-acre parcel of undeveloped land tentatively zoned for residential development. Where evidence indicates a lack of ponded water on the property prior to the construction of a nearby public improvement project, which included excavation of dirt on the property for the project, and the lack of municipal maintenance of stormwater diversions that caused new wetlands formation, the city's subsequent denial of a residential development permit on the property due to the presence of new wetlands constitutes a physical taking, and plaintiff is entitled to the appraised value of the property as of the trial date.