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Planned Use Of Eminent Domain Powers To Condemn Underwater Mortgages Faces Uncertain Constitutional Outcome
Amidst reports of rising home prices throughout California and fears of a new housing bubble, controversial plans floated by California cities to deal with the lingering effects of the mortgage meltdown by invoking their powers of eminent domain are gaining traction.
United States
16 Aug 2013
Citizens For Ceres v. Superior Court: New California Court Of Appeal Opinion Addressing Privilege Issues In Connection With Review Under California's Environmental Quality Act Will Have Lasting Impact On Litigation Involving Land Use Entitlements
A new California Court of Appeal opinion offers a new answer to that question, which will have significant practical implications for property owners and developers engaged in the CEQA process.
United States
29 Jul 2013
Good News For Developers And Affordable Housing Advocates: California Court Of Appeal Rejects Significant Challenge To State's Density Bonus Law
The California Legislature enacted the density bonus law -- Government Code § 65915 -- in 1979 to address the shortage of affordable housing in California.
United States
22 Jul 2013
State Law Preemption Of Local Land Use Regulations And The Supreme Court's Recent Decision Upholding Citywide Ban On Medical Marijuana Dispensaries
The recent spate of court cases dealing with local regulation of medical marijuana dispensaries offers an interesting illustration of the interplay between federal, state and local laws that regulate the same subject matter, and the impact that dynamic has upon local land use regulation.
United States
28 Jun 2013
Inclusionary Housing Ordinance Withstands Facial Challenge In New California Court Of Appeal Decision; California Building Industry Association V. City Of San Jose
The California legislature has declared the availability of housing for every Californian to be a matter of "vital statewide importance."
United States
25 Jun 2013
Developers' Rights Alert: California Property Owner Prevails In Significant Regulatory Takings Case
Chief Justice John Roberts recently observed during oral argument on the Supreme Court's latest foray into the field of regulatory takings that the government does not lose a Penn Central case very often.
United States
17 Jun 2013
CEQA Claimants Be Warned: New California Court Of Appeal Opinion Holds That CEQA Filing Deadlines Are Mandatory And Not Subject To Extension For Good Cause
Statues of limitations issues frequently loom large in litigation under the California Environmental Quality Act ("CEQA") and can confound litigants and their counsel.
United States
1 May 2013
Property Owner Prevails On Appeal In Eminent Domain Case After Trial Court Erroneously Excludes Expert's Appraisal Opinion
Evidence of just compensation to be awarded in an eminent domain action is all but invariably put on through expert opinion.
United States
14 Jan 2013
Turn Out The Lights: New Court Of Appeal Opinion Invalidates Settlement Agreement Allowing For Digital Conversion Of Billboards
For those of us involved or merely interested in the seemingly endless spate of sign-related litigation, the Court of Appeal's opinion in Summit Media LLC v. City of Los Angeles has been long anticipated.
United States
21 Dec 2012
New Eminent Domain Opinion From California Court Of Appeal Holds That Business Owner Is Not Entitled To Jury Determination Of Lost Goodwill Until Trial Judge Makes Preliminary Determination Of Existence Of Business Goodwill
In a question of first impression, the California Court of Appeal has held in, "People ex rel. Department of Transportation v. Dry Canyon Enters., LLC", that "a business owner is entitled to a jury trial on the amount of goodwill lost by a taking only if he or she first establishes, as a threshold matter, that the business had goodwill to lose."
United States
14 Dec 2012
New Court Of Appeal Opinion Concerning Sign Rights Highlights Need For Diligence On The Part Of Billboard Companies
The billboard wars rage on. In the latest battle, the court in West Washington Properties, LLC v. California Department of Transportation narrowly interpreted a provision of the Outdoor Advertising Act ("OAA".
United States
26 Nov 2012
New Ninth Circuit Opinion Finds Regulatory Takings Claim Fails Where Economic Impact Of Manufactured Home Park Zoning Ordinances Was Minimal
Citing increasing closures of manufactured home parks, the City of Tumwater in the State of Washington enacted two ordinances and amended its Comprehensive Plan and Zoning Map in an effort to preserve the parks.
United States
9 Nov 2012
Property Rights And Eminent Domain: Court Overturns Condemnation Victory On Right To Take Where Taking Did Not Result In Landlocked Parcel
In an opinion containing echoes of the United States Supreme Court's controversial and much maligned decision in "Kelo v. City of New London", 545 U.S. 469 (2005), the California Court of Appeal has limited the reach of California Code of Civil Procedure § 1240.350(a).
United States
5 Oct 2012
Eminent Domain And Inverse Condemnation: Court Of Federal Claims Opinions Recognize Limits To Right Of Compensation For Less Than Permanent Takings
The Takings Clause of the Fifth Amendment to the United States Constitution provides that "private property [shall not] be taken for public use, without just compensation."
United States
3 Sep 2012
Litigating Property Rights Cases In California: Law Seminars International
Litigating property rights cases in California requires navigating a confusing mélange of sometimes unfamiliar and often times conflicting groups of laws, rules and regulatory agencies.
United States
14 Aug 2012
Litigant's Failure To Establish Basis For Property Tax Base Transfer Highlights The Need To Exercise Special Care In Administrative Proceedings To Ensure That Judicial Remedies Are Preserved
May a property owner who sells property to a non-governmental entity as part of a government redevelopment project under the threat of eminent domain transfer the tax base of the original property to replacement property?
United States
8 Aug 2012
Developers' Rights And Due Process; Illegal Moratoria Do Not Give Rise To Section 1983 Civil Rights Claims
Consider these facts: A married couple owns waterfront property in a picturesque harbor.
United States
8 Aug 2012
Bay Island Club v. California Coastal Commission; Newport Beach Property Owner Succeeds In Invalidating Coastal Commission Permit Condition In Litigation Implicating Regulatory Takings Theories
The California Coastal Commission may not unilaterally impose a right of public access over private property. So says the California Court of Appeal in Bay Island Club v. California Coastal Commission.
United States
8 Aug 2012
Attention Sign Companies And Outdoor Advertisers: New Ninth Circuit Decision Partially Invalidates On First Amendment Grounds Permit Scheme Regulating Commercial Weddings
Sign litigation, especially litigation over the constitutionality of ordinances and regulations affecting signage, often involves familiar, but competing, concepts.
United States
11 Jul 2012
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