Pratt v. California Coastal Commission (Test for Takings)


U.S. Supreme Court

NAHB Involvement


Developer Charles Pratt argued that the approval of a coastal development permit gave him the right to proceed with a project under the laws and policies in existence at the time of approval. The California Coastal Commission disapproved the project based on federal regulations that had been passed after approval of the vesting tentative map. The developer asserted that the California Coastal Commission's actions, which occurred late in the approval process, resulted in a regulatory taking.

The state appellate court below held that no taking had occurred under the U.S. Supreme Court's ad hoc takings test, and that the developer's claim was not ripe. The developer has petitioned the U.S. Supreme Court for certiorari on both of these issues.

On Dec. 19, 2008 NAHB signed on to an amicus brief in support of the developer submitted by the California BIA and the HBA of Northern California.