Responding to an adverse $36 million judgment handed down in November of 2007, the City of Half Moon Bay has negotiated a settlement whereby the City will pass legislation allowing the developer to develop the property formerly delineated as wetlands. In the case leading to settlement, Yamagiwa v. City of Half Moon Bay (N.D. Cal. 2007) 2007 U.S.Dist.LEXIS 22573, the court awarded the developer $36 million for the wetlands accidentally created by the City that, according to the court, amounted to a physical taking of the property.
See Abbott & Kindermann’s full review of this case entitled City’s Accidental Creation of Wetlands Leads to Finding of Physical Taking and a $36.8 million Judgment Against City.
Cori Badgley is an associate with Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, environmental and planning issues contact Abbott & Kindermann at (916) 456-9595.
The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.