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California Land Use & Development Law Report

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California Land Use & Development Law Report

California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.

Supreme Court Outside
April 19, 2024 Exactions and Assessments Takings

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny 

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively. View blog post
Microphone Meeting
April 17, 2024 Initiatives and Referenda

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. View blog post
Buildings Stores
June 26, 2023 Exactions and Assessments

Agreement Purporting to Prevent City from Imposing New Impact Fees on Project Infringed Police Powers

 

The Court of Appeal held that a city-developer agreement that ostensibly precluded the City of Oakland from imposing any new impact fees on the project constituted an impermissible infringement of the City's police power. Discovery Builders Inc v City of Oakland, 92 Cal. App. 5th 799 (2023).

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view above looking down at forrest
March 24, 2023 Exactions and Assessments

Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

A recent case involving developer Charles Keenan and the City of Palo Alto highlights the importance of strict compliance with Mitigation Fee Act's requirement that findings be made every five years concerning unexpended fees.

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Housing Real Estate
April 28, 2022 Exactions and Assessments

Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely

The Court of Appeal ruled that a suit concerning an affordable housing fee that plaintiff had agreed to pay two decades earlier was still timely because the 90-day limitations period under the Subdivision Map Act did not begin to run until a dispute arose over the interpretation of provisions in the affordable housing agreement. Schmeir v. City of Berkeley, 76 Cal. App.

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judicial hearing empty stand with a microphone
March 16, 2021 Initiatives and Referenda

Another Court Rules That Special Taxes Proposed By A Citizen-Sponsored Initiative May Be Enacted With A Simple Majority Vote

Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval.  Howard Jarvis Taxpayers Association v.

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Pillars of a courthouse
January 5, 2021 Initiatives and Referenda

Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval.  City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist., Dec. 17, 2020).

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people in line to vote
January 4, 2021 Initiatives and Referenda

Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote

A court of appeal ruled that provisions of the California Constitution requiring a supermajority vote for special taxes imposed by local government do not apply to a special tax enacted by local initiative.  City and County of San Francisco v. All Persons Interested in the Matter of Proposition C, 51 Cal. App.

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