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ARTICLE · 24 OCTOBER 2024

Development Plans And Permitting Efforts Help Ripen Regulatory Takings Claims

Nossaman LLP
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Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more.

United StatesReal Estate and Construction

Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more. A few individuals likely thought they struck gold after inheriting a small bungalow cottage in Coronado, California with panoramic views of the Bay and golf course nearby. The cottage, built in 1924, was the smallest house on the street with the least-utilized lot; it represented both a great opportunity and a bygone era. These soon-to-be developers turned inverse condemnation claimants teach us that all permitting efforts must be fully exhausted to avoid premature litigation and solidify the foundation for a valid regulatory takings claim.

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