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Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...more

When Logic And Proportion Fall: Do Policy Objectives Override Common Rules Of Conveyancing For Conservation Easements?

The Second District Court of Appeal’s decision in Canyon Vineyard Estates I, LLC v. DeJoria sidesteps several potentially troublesome conveyancing issues by focusing on the statutory authorization for “conservation easements”...more

A Changed Landscape: Local Agency Discretion And Judicial Deference In Land Use Decisionmaking

California’s continuing shortfall of new housing to meet demand has led to the enactment of a number of measures at the state level to encourage housing development and to limit the grounds for local governments to disapprove...more

Statutory Overrides Of “Restrictive Covenants” And Other Private Land Use Controls: The Accelerating Trend Towards Legislative...

The use of private covenants governing the use, improvement, and occupancy of real property has a long and sometimes checkered history in California, as it does throughout the nation. Beginning in the late 19th century, the...more

The New Provisions For Multiple-Unit Housing In Single-Family Zones: The “End Of Single-Family Housing” Or Just Another Minimally...

On September 16, 2021, Governor Newsom signed two bills that take effect on January 1, 2022, and are intended to foster more intensive residential development in existing single-family zoned areas. One of these, Senate Bill...more

No Limitations And No Escape: The Long Tail Of Real Property Tax Liability Resulting From Entity Interest Transfers In California

The general limitations on reassessment of real property without a “change of ownership” under the 1978 voter initiative known as “Proposition 13” deserve renewed attention after the failed effort to enact Proposition 15 in...more

A Whole New Ballgame: What The Housing Crisis Act Of 2019 (Sb 330) Means For Housing Developers, Local Governments, And Go-Slow...

A new set of ground rules for processing and approval of residential development projects has found its way into law and became effective January 1, 2020. The “Housing Crisis Act of 2019,” sponsored by State Senator Skinner...more

California’s New Statewide “Just Cause Eviction” And “Anti-Rent Gouging” Law

With the enactment of Assembly Bill 1482, signed by Governor Newsom in October 2019, the California legislature imposed a “just cause” limitation on lease terminations, non-renewals, or evictions for most California...more

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