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Zoning, Planning and Use

Jul. 14, 2006

County's Limits on Water Use Were Not a Taking of Property

Focus Column - In California's first comprehensive land-use taking case since the U.S. Supreme Court's landmark decision in Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005), an appellate court held that Imperial County's conditional use permit, which limited the amount of water Allegretti & Company could extract, did not constitute a physical or regulatory taking.

Focus Column

By Daniel J. Curtin Jr., Cecily T. Talbert and Bryan W. Wenter


In California's first comprehensive land-use taking case since the U.S. Supreme Court's landmark decision in Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005), an appellate court held that Imperial County's conditional use permit, which limited the amount of water Allegretti & Company could extract, did not constitute a physical or regulatory taking.

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