Honchariw

Plaintiff contends the trial court erred when it applied the 90-day statute of limitations contained in Government Code section 66499.37 to his inverse condemnation action and concluded the action was untimely. Plaintiff argues California law allows him to postpone bringing a complaint for just compensation until after he successfully challenged the local government’s land use decision in a mandamus proceeding.

We conclude that the 90-day statute of limitations in section 66499.37 applies to the inverse condemnation action. (Hensler v. City of Glendale (1994) 8 Cal.4th 1 [ 32 Cal.Rptr.2d 244 , 876 P.2d 1043 ] (Hensler).) While we agree with plaintiff that a landowner may elect to pursue a damage claim for an unconstitutional taking after a mandamus proceeding results in a final judgment, the initial mandamus action must result in “a final judgment establishing that there has been a compensable taking of the plaintiff’s land.” (Id. at p. 7.) Here, plaintiff’s mandamus action did not seek to establish an unconstitutional taking occurred when the county denied his subdivision application. Therefore, plaintiff does not qualify for the two-step procedure identified in Hensler…