Eminent Domain – Restrictive Covenant Requirement for a Permit is Not a Taking

Benedetti v. County of Marin, 113 Cal.App.5th 1185 (2025) 

A restrictive covenant requirement as a condition to issuing a residential permit was upheld by the Court of Appeal in the case of Benedetti v. County of Marin.  At issue was the requirement for a restrictive covenant that required residents be engaged in agricultural use in the county's coastal agricultural production zone. The landowners challenged the requirement as an unconstitutional taking.  The Court decided that strict scrutiny did not apply and that there was a reasonable relationship between the condition and the legislative goal of preserving agriculture as a viable industry in the coastal zone by preventing the incursion of residential development on agricultural lands. A petition for review was filed with the California Supreme Court on October 8th.