No, nej, nyet! An appellate court in California decided 2 issues against a billionaire landwoner and neither of which is a taking:
- requiring a California billionaire to be permitted to provide beach access to a long used surfer spot is not a taking.
- Why isn’t this a taking? No permit has been applied for yet.
- an injunction that requires that the surfers have access to the beach is also not a taking.
- Why isn’t this a taking? because in the injunction is temporary
Eminent Domain Report | California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases