Landowner Wins Takings Victory In Santa Barbara

It’s theoretically possible – though pretty unusual – for a developer to obtain money damages from a city in California if denying a project results in a taking of property. Usually, the developer has to try to obtain approval at least twice before suing. Unless it’s clear that repeatedly seeking approval would be futile because the city has no intention of approving the project under any circumstances. That, the courts concluded, was the City of Santa Barbara’s attitude toward a landowner who wanted to build a house in the city’s hazard-prone Mesa neighborhood. The city’s approach means Santa Barbara is now on the hook for at least $3.4 million, including $1 million in attorneys fees.

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