Turner

This is an appeal from a judgment for defendant County of Del Norte in an inverse condemnation action in which plaintiffs sought damages for a loss of use of their property by reason of the enactment of a county flood plain ordinance.

Appellants instituted this class action for themselves and for all other owners of lots in a subdivision near the town of Klamath in Del Norte County alleging that the zoning of their property amounted to a taking without compensation. The parties stipulated that the trial be bifurcated. The court was presented with the limited issue of whether there was a taking, and the issue of damages, if any, was reserved for a later proceeding.

The trial court rendered judgment for the County of Del Norte and held that the county was acting within the scope of its police power in enacting the flood plain zoning ordinance and that there was no taking of appellants’ property. The sole question presented on appeal is the propriety of this ruling.

Appellant is the owner subdivider of approximately 31 acres of land on the bank of the Klamath River, 4 miles from the town of Klamath, Del Norte County, California. The subdivision map was given final…