RECENT CALIFORNIA DECISIONS

December 2005

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Third District Holds No Unconstitutional Taking Occurred where Local Open Range Ordinance Allows Free-Ranging Cattle to Use Private Property
Herzberg v. County of Plumas, ___Cal.App.4th___

On October 3, 2005, the Third District Court of Appeal affirmed a trial court judgment that a landowner’s complaint did not sufficiently allege an unconstitutional taking in a dispute between landowners that involved a county open range ordinance, which allows a neighbor’s cattle to travel across and occupy plaintiffs’ unfenced private property. The court ruled on several causes of action asserted against the County of Plumas, and ultimately held that the county ordinance was not a taking under the Fifth Amendment of the United States Constitution or Article I, § 19 of the California Constitution.