UnClog Cambria LLC is a consulting company formed to investigate and resolve the public service conundrum in Cambria, California.  After three years of intensive effort, including an extensive record of correspondence with numerous agencies and attorneys, we conclude (and believe we can prove) that the regulatory scheme has quietly removed or “taken” the development rights of a large number of landowners. The government’s plan to cap or limit growth in Cambria is nothing less than grand theft: the regulatory scheme has “taken” development rights, and the government has no intention of paying for them!

Under the 5^th Amendment of the US Constitution, the government has the authority to “take” development rights for a public purpose as long as “just compensation” is paid. Taking property is constitutionally permitted. Under inverse condemnation case law, once a court finds that a “taking” or elimination of property rights has occurred, the government violates the Constitution if it     refuses to pay “just compensation.”

The government is, therefore, essentially free to exercise police power and take property rights until a landowner proves that a taking has occurred. To do so, he must have the (excessive) regulations applied to his property. When that inquiry determines that development cannot occur, the landowner must then complete a series of timely steps to “ripen” a claim for inverse condemnation. Next, a claim for inverse condemnation must be filed and succeed in state court. Finally, a jury trail determines the amount of compensation due to the landowner.

In Cambria, we have commenced a litigation strategy that will complete these steps and result in a lawsuit for damages. The simple question each vacant landowner (who does not have a District waiting list position for water and sewer service) should ask is this: Is it likely that the government’s growth capping scheme eliminated the right to obtain the public services required to develop your property?

If so, there are three choices: 1) do nothing, except continue to pay property taxes and abate weeds; 2) commence independent litigation to obtain “just compensation” for the taking of your property rights; or 3) join with the Company’s existing group of 180 landowners, who are participating in our litigation strategy.

This site is designed to educate affected landowners to help them form their own opinion whether they are victims of the growth cap scheme. If they are, we recommend they take immediate action. Having talked to numerous attorneys who are specialists in this field, we believe you will find the retainer fee and cost to complete an attorney’s initial review (which does nothing more than evaluate whether litigation is warranted) could exceed the current market value of most parcels. (Note: We believe it is a mistake to hire an attorney who does not practice eminent domain/inverse condemnation law).

The high cost of independent action suggests that the only economical method to protect your remaining rights is to join in collective action. We offer a litigation strategy that has the benefit of hundreds of hours of our research and professional experience, and the fact that we have retained an experienced and successful attorney, who is already completing the steps required to litigate this matter to judgment.

We encourage affected landowners and their trusted advisors to thoroughly review the site before making a decision to accept our offer.  There are tabs along the top that access additional information, or you can click here. For informative questions and answers, click here.

The Managers are willing to answer your questions and concerns, but cannot provide legal advice; they are not lawyers. Mike Erickson can be reached at 760-806-0034. Gregg Berge can be reached at 951-587-1287. You can also email us at UnclogCambria@cox.net.