Navajo Terminals, Inc. v. San Francisco Bay Conservation & Development Commission

Navajo Terminals, Inc. (Navajo) appeals from a judgment of dismissal after the demurrer of San Francisco Bay Conservation and Development Commission (BCDC or Commission) was sustained without leave to amend. Dismissal was as to all causes of action set forth in Navajo’s complaint. However, this appeal is only from dismissal of the third cause of action.

The third cause of action alleges, in substance, that Navajo is the owner of certain real property with approximately 500-foot frontage on the United States Tidal Canal; that on November 18; 1971, BCDC, by its resolution pursuant to Government Code section 66611, established a portion of Navajo’s property as a waterfront park; that such action by BCDC constituted inverse condemnation for which Navajo is entitled to damages.

We hold that the adoption of a resolution “fixing and establishing within the shoreline band the boundaries of the water-oriented priority land uses” pursuant to the McAteer-Petris Act (Gov. Code, tit. 7.2) does not constitute a taking for which the property owner is entitled to damages.

In Selby Realty Co. v. City of San Buenaventura (1973) 10 Cal.3d 110, 120-121 [ 109 Cal.Rptr. 799 , 514 P.2d 111…