What is the test for establishing a taking claim in an inverse condemnation action?

California, United States of America


The following excerpt is from Bottini v. City of San Diego, D067510 (Cal. App. 2016):

4. "In some cases, all of the evidence necessary to establish a taking claim may have been presented in the administrative proceeding. If it was not possible for the landowner to present that evidence, it may be introduced in the mandate proceeding. . . . Thus, the trial court is able to resolve the taking claim in the mandate proceeding." (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 15.) "[T]he right to jury trial applies in inverse condemnation actions, but that right is limited to the question of damages." (Ibid.)

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