Property Owners Fight Ban On Cliffside Development

California oceanside property is at the center of a regulatory takings case over regulations prohibiting construction on a landslide-prone area. Owners want to build on their property, but the city has banned development amid safety concerns.

1 minute read

April 2, 2007, 5:00 AM PDT

By Nate Berg


"Final arguments concluded Wednesday in a three-month Torrance Superior Court trial pitting private property rights against Rancho Palos Verdes' regulation of development for safety reasons."

"A total of 21 plaintiffs are seeking damages over a city ban on developing their 16 vacant hillside lots with spectacular ocean views, which lie within an area long considered unstable because of a large landslide complex."

"The city generally does not allow new development in the area near Portuguese Bend, fearing it could trigger more landslides that could destroy homes in the area as has happened in the past. That has also left the city liable for damages."

"Defending attorney Ed Richards argued the U.S. Supreme Court has ruled that governments can regulate property based upon the health, safety and general welfare of a community. Consequently, that does not constitute an illegal 'taking' of the property that makes its owners eligible for compensation, as the plaintiffs in this case allege."

"Plaintiff attorney Stuart Miller attacked the credibility of Planning Director Joel Rojas and the former city manager, Les Evans, saying they were predisposed to favor city residents rather than the owners of the vacant lots."

Thanks to Chris Park

Thursday, March 29, 2007 in The Daily Breeze

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 23, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

View of residential street in Los Angeles with palm trees and hazy city in distance.

Rebuilding Smarter: How LA County Is Guiding Fire-Ravaged Communities Toward Resilience

Los Angeles County is leading a coordinated effort to help fire-impacted communities rebuild with resilience by providing recovery resources, promoting fire-wise design, and aligning reconstruction with broader sustainability and climate goals.

April 27 - Los Angeles County Chief Sustainability Office

Entrance sign for San Jose-Santa Clara Regional wastewater treatment facility.

When Borders Blur: Regional Collaboration in Action

As regional challenges outgrow city boundaries, “When Borders Blur” explores how cross-jurisdictional collaboration can drive smarter, more resilient urban planning, sharing real-world lessons from thriving partnerships across North America.

April 27 - * A Placemaking Journal

Rendering of Penrose Roundabout in Philadelphia, Pennsylvania.

Philadelphia Is Expanding its Network of Roundabouts

Roundabouts are widely shown to decrease traffic speed, reduce congestion, and improve efficiency.

April 27 - WHYY