West Washington Properties, LLC v. Department of Transportation

In West Washington Properties, LLC v. Department of Transportation (2012) 210 Cal.App.4th 1136, the purchaser of a building with an 8,000 square foot advertising "wallscape" filed a petition for administrative mandamus and a complaint for inverse condemnation seeking to prevent removal of the wallscape pursuant to a state abatement order, or alternatively, to obtain compensation for its removal. The court in West Washington affirmed the order sustaining the state's demurrer to the inverse condemnation claim without leave to amend, citing Golden Gate Water Ski Club v. County of Contra Costa (2008) 165 Cal.App.4th 249 as authority for its conclusion that no taking had occurred. (West Washington, supra, 210 Cal.App.4th at pp. 1150-1151.) The court ruled that the state's enforcement action "was an exercise of police power for an authorized purpose and did not constitute a taking." (Id. at p. 1151.)