California, United States of America
The following excerpt is from MONKS v. CITY of RANCHO PALOS VERDES, 167 Cal.App.4th 263, 84 Cal.Rptr.3d 75 (Cal. App. 2008):
But [w]hile a landowner must give a land-use authority an opportunity to exercise its discretion, once it becomes clear that the agency lacks the discretion to permit any development, or the permissible uses of the property are known to a reasonable degree of certainty, a takings claim is likely to have ripened.... [] ... [] In assessing the significance of [a landowner's] failure to submit applications to develop the [property] it is important to bear in mind the purpose that the final decision requirement serves. Our ripeness jurisprudence imposes obligations on landowners because [a] court cannot determine whether a regulation goes too far unless it knows how far the regulation goes. ... Ripeness doctrine does not require a landowner to submit applications for their own sake. [A landowner] is required to explore development opportunities on his ... parcel only if there is uncertainty as to the land's permitted use.
[84 Cal.Rptr.3d 89]
( Palazzolo v. Rhode Island (2001) 533 U.S. 606, 620-622, 121 S.Ct. 2448, 150 L.Ed.2d 592.)
[167 Cal.App.4th 282]
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