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.
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