Iowa Assurance Corp., et al. v. City of Indianola, et al., No. 10-3815 (8th Cir. 2011)
Annotate this CaseThe City of Indianola (City) adopted a land-use ordinance requiring the enclosure of "figure eight cars," among other racing vehicles, when two or more such cars were present. Iowa Assurance Corporation and its co-plaintiffs (collectively referred to as "Watson") sued the City, arguing that the ordinance created an uncompensated regulatory taking in violation of the Fifth and Fourteenth Amendments. At issue was whether the district court erred in using the Penn Central Transportation Co. v. City of New York framework to analyze his takings claim. The court held that the district court correctly determined that the ordinance should not be analyzed under the standards of Loretto v. Teleprompter Manhattan CATV Corp., where the ordinance did not erode Watson's right to exclude others from property, which was central to establishing a Loretto claim. The court also held that the district court correctly concluded that the takings test articulated in Nollan v. California Coastal Commission did not apply to the ordinance where the ordinance did not require Watson to dedicate any portion of his property to either the City's or the public's use. Accordingly, the court affirmed the well-reasoned judgment of the district court in its entirety.
Court Description: Civil case - Section 1983. Municipal ordinance requiring fencing on property storing racing vehicles did not constitute a physical invasion type regulatory taking under Loretto v. Teleprompter Manhattan CATV Corp, 458 U.S. 419 (1982); taking test articulated in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) did not apply.
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