California Land Use & Development Law Report
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.
February 20, 2024
Real Estate
Implied Easement May Effectively Preclude Any Practical Use by the Owner of the Burdened Property
The Supreme Court of California held that implied easements may preclude most practical uses by the owner of the property subject to the easement if there is clear evidence of intent to create such an easement at the time of the property division. Romero v. Shih, 15 Cal. 5th 680 (2024).
November 28, 2023
Housing
Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots
November 28, 2023
Housing
Housing Accountability Act Provision That Prohibits an Agency From Requiring a Rezoning When Zoning Is Inconsistent with the General Plan Inapplicable Where City Found Zoning Consistent
April 10, 2023
Housing
Court Held That Obligation to Further Fair Housing Requires More Than the Absence of Discrimination and That Base Zoning Allowing Lower Densities Violated Housing Element Law Even Though Overlay Zoning Required Minimum Densities
A court addressed the City of Clovis' repeated failures to accommodate lower-income housing needs.