What is the test for determining whether a landowner's right to develop his property pursuant to a zoning restriction?

California, United States of America


The following excerpt is from Rutherford v. State of California, 188 Cal.App.3d 1267, 233 Cal.Rptr. 781 (Cal. App. 1987):

"[i]t is established that landowners have no vested right in any particular use of their property unless the restrictions on use constitute an uncompensated taking. [Citations.] A landowner's right to develop his property vests only when he has obtained government permission for the particular mode of development and has begun such development in good faith reliance thereon. [Citation.] Zoning of land is not a 'taking' by the government unless it deprives the owner of substantially all reasonable uses of his property. [Citation.] Indeed, it has been flatly held that '[c]ases involving land use regulation do not affect fundamental vested rights. [Citations.]' (Krater v. City of Los Angeles (1982) 130 Cal.App.3d 839, 844 [181 Cal.Rptr. 923].)

"Thus, it must be concluded that government power to regulate land use is so important that no vested right to a particular use arises until the government has approved that specific use." (Pescosolido v. Smith (1983) 142 Cal.App.3d 964, 969-970 [191 Cal.Rptr. 415].)

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