Wellman & Warren won the only “Lucas” regulatory takings claim ever in the State of California. In an effort to prevent development, or certain uses of your property, a government entity may impose significant restrictions on the proposed use or development. However, when the restrictions on the use or development of your property becomes unreasonably onerous it is tantamount to the government taking your property in violation of your constitutional rights. Wellman & Warren are experts in prosecuting such regulatory takings claims against the offending governmental entity and will be there with you to guide you towards a successful solution.
Use of your land requires approvals and permits from multiple governmental and quasi-governmental agencies. These agencies often oppose the use you desire for your land or will attempt to impose restrictions which are unacceptable. Wellman & Warren attorneys help you navigate the perilous waters of the land use approval process and get your project going. Occasionally, the government’s position is so inflexible that your only option is to litigate. Wellman & Warren has a strong track record in land use litigation against government entities. In fact, Wellman & Warren has won the only “Lucas” regulatory takings case in the history of California (Monks v. City of Rancho Palos Verdes). A regulatory taking occurs when the governmental land use restrictions are so onerous that the result is tantamount to the government taking your land. This win resulted in over $25 million to our clients.
Whether you want to develop your land or operate your business, a permit will be required from one or more governmental agencies. Wellman & Warren is experienced in navigating you successfully through the process to obtain your permits. When the agency acts unreasonably, Wellman & Warren will be there to assert your rights and maximize your chances to develop your property or operate your business in the way you choose.