Agins: A Step in the Right Direction

Abstract

In an important clarification of the law, the California Supreme Court declared in Agins v. City of Tiburon, 23 Cal. 3d 605, 153 Cal. Rptr. 224, 591 P.2d 514, 31 ZD 196 (1979), that damages based on a theory of inverse condemnation are not available in cases of government regulation of private real property, even though that regulation eliminates substantially all of the property's value. The owner cannot obtain a judgment for the fair market value of the property or even for a partial or temporary interest in the property for the period that the regulation applied. The owner cannot compel the government, in effect, to purchase the fee or a partial interest because of excessive restrictions on private use.