• 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.

  • 06.28.17

    Murr Decision Makes Takings Law Murkier

    The Supreme Court missed an opportunity to bring some clarity to the law of regulatory takings and, instead, made the law more confusing and less protective of the rights of property owners.

  • 05.10.17

    Public/Private Partnerships

    Manatt real estate partner Clayton B. Gantz and Stephen B. Friedman, president of SB Friedman Development Advisors, co-authored an article titled “Public/Private Partnerships,” which appeared in the March/April issue of LandWrites.

  • 02.09.17

    Nationwide Permits Reauthorized; Already-Issued Permits to Expire March 2017

    Under Section 404 of the federal Clean Water Act (33 U.S.C. § 1344), a permit from the U.S. Army Corps of Engineers (Corps) is required for activities involving the discharge of dredged or fill material into waters of the United States.

  • 01.26.17

    Supreme Court Holds City Bound by Publicly Available General Plan

    The California Supreme Court unanimously set aside the City of Orange City Council’s finding of a project’s consistency with the City General Plan based on a 1973 City resolution that was not incorporated into the publicly available version of the General Plan.

  • 11.15.16

    California Modifies Commercial Lease Disclosures for Disability Access Laws

    Manatt previously published a news alert on July 1, 2013, regarding California's update to Civil Code Section 1938, which required all commercial property leases to disclose whether or not commercial premises have undergone an inspection by a Certified Access Specialist (CASp), and if so, ...

  • 11.14.16

    Subsequent Mitigated Negative Declaration Reviewed Under Substantial Evidence Test

    The California Court of Appeal applied the substantial evidence standard of review and not the fair argument standard in affirming a County's decision to prepare a subsequent mitigated negative declaration (SMND) for a development project in Sonoma County (County).

  • 09.28.16

    Incumbency Bodes Well for the Real Estate Market

    The presidential election season can be a difficult time for the commercial real estate market. Uncertainty about the future financial and regulatory climate often leaves investors, developers and owners waiting on the sidelines for the outcome of the election.

  • 09.21.16

    California Supreme Court Rejects “New Project” Argument

    As land developers and investors know all too well, so-called “fully-entitled” projects in California can command massive premiums. Their high prices reflect both their scarcity and the value placed on avoiding a costly re-entitlement process. But what if the buyer of such a project was ...

  • 09.01.16

    Supreme Court Clarifies Valuation Rules on Potential for Future Exactions

    The California Supreme Court reexamined the rules for determining the valuation of property taken by eminent domain but subject to potential future dedication exactions.