Is there a cause of action for just compensation for an unconstitutional taking without just compensation?

California, United States of America


The following excerpt is from Smith v. City and County of San Francisco, 225 Cal.App.3d 38, 275 Cal.Rptr. 17 (Cal. App. 1990):

Appellants' claim of an unconstitutional taking without just compensation is identical to their cause of action for inverse condemnation. While it is true such a cause of action can be brought under 42 United States Code section 1983 in order to invoke federal jurisdiction (Lake Country Estates v. Tahoe Planning Agcy. (1979) 440 U.S. 391, 399-400, 99 S.Ct. 1171, 1176-1177, 59 L.Ed.2d 401), section 1983 does not alter the elements which must be pled to state a cause of action for an unconstitutional taking. 5 Thus, for the [225 Cal.App.3d 54] reasons stated above regarding inverse condemnation, appellants fail to state a cause of action under section 1983 for the alleged taking.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What is the next cause of action for breach of contract to not terminate without cause? (California, United States of America)
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
Is there a separate cause of action for emotional distress as a result of an actionable invasion of the right to privacy? (California, United States of America)
What is the test for a cause of action for malicious prosecution based on an order to show cause in a family law proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.