Newsletters

06.24.19

Supreme Court Shortens the Path for Takings Cases

In a case resolving a complex procedural question about the ability of property owners to have access to federal courts for their disputes with local government agencies, the Supreme Court overruled a 34-year-old precedent and held that property owners—like all other Americans—are ...

09.24.18

CEQA Reform—Relief on Aesthetics? ‘I just don’t see it’

Just as the Court of Appeal inked and agreed to publish what many fear is a new and potentially sweeping avenue to challenge and invalidate negative declarations under the guise of “aesthetic” impacts under the California Environmental Quality Act (CEQA).

07.24.18

Will State Climate Policy Usurp Local Land Use Control?

The consequences of climate change are broadcast regularly: wildfires, sea-level rise, drought and others.

05.16.18

New Regulations Require Disclosure of Energy Use in Certain Buildings

On March 7, 2018, the California Energy Commission (CEC) implemented the regulations behind California Assembly Bill 802 (AB 802). AB 802 directed the CEC to create a statewide building energy use benchmarking and public disclosure program for buildings larger than 50,000 square feet.

12.21.17

New Trump Tax Plan’s Impact on Real Estate

On Wednesday, Dec. 20, 2017, Congress passed a sweeping $1.5 trillion tax reform of the Internal Revenue Code of 1986.

12.18.17

Los Angeles Adopts Affordable Housing ‘Linkage Fee’

The newly adopted Affordable Housing Linkage Fee will be assessed against all commercial and residential developers in order to help pay for affordable housing in the city.

07.18.17

EIR Need Not Analyze Consistency With GHG Executive Order

The California Supreme Court upheld the San Diego Association of Governments’ (SANDAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and concluded that CEQA does not necessarily mandate that the environmental impact report (EIR) include an analysis of consistency ...

07.14.17

Referendum Rescinding Zoning That Resolved General Plan Inconsistency Upheld

In California, zoning must be consistent with the general plan. When a general plan amendment creates an inconsistency with the existing zoning, Government Code Section 65860(c) gives a local agency “a reasonable time” to bring the zoning into conformance with the general plan.

07.07.17

Landowner Waives Right to Challenge Permit Conditions

Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit?

06.29.17

California Supreme Court Restricts Implied Dedication Rule

Many large private landowners record notices under the provisions of the Civil Code in order to ensure that public use of their property does not morph into an implied dedication of their land to the public.