Tuesday, January 15, 2019
Prout v. Department of Transportation
Cal.App. 3rd Dist. (C076812)
The rule is that the government cannot, as a condition for issuance of a development permit, impose a requirement that the landowner dedicate land for public use, unless there is an "essential nexus" between the condition and the projected impact of the proposed development. When a government agency conditions its approval of a real property development project on the grant of an easement or other exaction which would otherwise constitute a taking requiring compensation, the property owner must challenge the condition by petition for writ of mandate filed before, or simultaneously with, a complaint for inverse condemnation. The court held that plaintiff's challenge was time barred by the four-year statute of limitations in C.C.P. Section 343. The court also held that Caltrans impliedly accepted plaintiff's offer of dedication on a map by making road improvements on the dedicated land.