Property Owners Fight Ban On Cliffside Development

California oceanside property is at the center of a regulatory takings case over regulations prohibiting construction on a landslide-prone area. Owners want to build on their property, but the city has banned development amid safety concerns.

1 minute read

April 2, 2007, 5:00 AM PDT

By Nate Berg

"Final arguments concluded Wednesday in a three-month Torrance Superior Court trial pitting private property rights against Rancho Palos Verdes' regulation of development for safety reasons."

"A total of 21 plaintiffs are seeking damages over a city ban on developing their 16 vacant hillside lots with spectacular ocean views, which lie within an area long considered unstable because of a large landslide complex."

"The city generally does not allow new development in the area near Portuguese Bend, fearing it could trigger more landslides that could destroy homes in the area as has happened in the past. That has also left the city liable for damages."

"Defending attorney Ed Richards argued the U.S. Supreme Court has ruled that governments can regulate property based upon the health, safety and general welfare of a community. Consequently, that does not constitute an illegal 'taking' of the property that makes its owners eligible for compensation, as the plaintiffs in this case allege."

"Plaintiff attorney Stuart Miller attacked the credibility of Planning Director Joel Rojas and the former city manager, Les Evans, saying they were predisposed to favor city residents rather than the owners of the vacant lots."

Thanks to Chris Park

FULL STORY: Arguments end in Rancho Palos Verdes cliff-lot trial

Thursday, March 29, 2007 in The Daily Breeze

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