Land Use Law
The Los Angeles and Sacramento land use lawyers at Kassouni Law share an unwavering commitment to defend our clients’ Constitutional right to reasonably use and enjoy property as they wish. In fact, the firm was founded on the belief that property rights are essential to a free society. Dedicated to property rights advocacy, our land use attorneys rigorously defend against government and private abuse. Kassouni Law has extensive litigation experience with land use issues resulting in landmark precedents throughout the state of Californiahave litigated cases against all manner of public and private entities, including building departments, planning departments, the California Coastal Commission, and cities and counties. Most importantly, unlike many other land use firms, our attorneys never straddle the fence. You will not find our attorneys representing a government agency one day and a private client the next. The land use practice at Kassouni Law focuses strictly on protecting private individual and business’ Constitutional property rights. The firm and its property lawyers have never represented a government agency.
If you have questions or concerns about your property rights, do not hesitate to contact Kassouni Law. Our lawyers will be happy to discuss your matter and develop a personalized legal strategy (877) 770-7379.
With an unwavering commitment to the protection of private enterprise, Kassouni Law Los Angeles land use attorneys and Sacramento land use lawyers seek remedies by the most cost-effective and efficient means possible. Listening closely to clients, our attorneys develop a strategy based on specific needs and concerns. The land use lawyers/zoning lawyers then assist property owners in clearly articulating challenges to community objections, and work to ensure that procedural notice requirements are complied with.
Cities are granted broad authority to create the division of districts, each of which have land use or zoning regulations regarding structural and architectural design. In addition, these zoning regulations can dictate types of use. Examples include residential, commercial, industrial, and agricultural land uses. Even within these categories, there can be further regulations, such as heavy, medium, and light land uses. There are also issues unique to property in agricultural areas, such as the ability of the property owner to take advantage of the Williamson Act. This Act allows owners of land to obtain significant tax reductions by maintaining agricultural use for a period of time.
Kassouni Law was founded on the belief that property rights and personal freedom are intertwined. It is our mission to rigorously defend your Constitutionally protected property rights against government and private abuse. Within that realm, Kassouni Law Sacramento land use lawyers and Los Angeles land use attorneys represent private developers, businesses, and homeowners who are encountering difficulties in all procedural aspects of land use, land development and planning.
When a property owner wishes to build a commercial structure or residence, there can be a number of government obstacles to overcome. In addition, neighborhood opposition can often be well organized and designed to sway elected council members and supervisors from granting development approvals.
With an unwavering commitment to the protection of private enterprise, the Sacramento and Los Angles eminent domain lawyers at Kassouni Law will defend your Constitutionally protected property rights and fight for just compensation.
When the government wants to use your property for a public purpose, such as a school or a park, it must pay you just compensation for the market value of your property. This is called eminent domain. Eminent domain cases typically involve disputes over the market value of the property, or disputes over whether the government is truly going to use the property for a public purpose. The government will consistently and markedly undervalue the property in eminent domain proceedings. These cases therefore depend on the expertise of the attorney and the appraiser retained by the property owner.
Kassouni Law is a firm with special focus on land use law. It was founded on the belief that property rights and personal freedom are intertwined. Our Los Angeles and Sacramento-based inverse condemnation lawyers are passionate about land use issues, and it is their mission to rigorously defend your property rights against government and private abuse.
Dedicated to providing superior representation in all matters related to land use, our commitment to clients and Constitutional property rights allows us to establish personalized strategies in the pursuit for justice. With an unwavering commitment to the protection of private enterprise, we will defend your Constitutionally protected property rights.
The Fifth Amendment to the United States Constitution provides in part: “nor shall private property be taken for public use without just compensation.” There are four types of takings. First, a taking occurs when the government wants to buy your land for a public use, such as a park or a school. The government must then institute an…
Growth control has become part of the formula for the green and sustainability movements. Many elections contain ballot initiatives which are designed to limit growth and to concentrate the populace in urban areas. The land use lawyers at Kassouni Law understand that the economic impact on private property owners as a result of these measures and other environmental measures can be extreme, raising Fifth Amendment taking issues. If you have a similar legal concern please contact Kassouni Law. Lawyer Timothy Kassouni will speak with you personally.
More on Land Use and Property Rights from the Los Angeles and Sacramento land use lawyers at Kassouni Law…
Land use law aims to control what you can do on your property. In the early days of the California Republic, property rights were treated with much greater respect than they are today. As common law, you were free to use your property in whatever manner you would like, as long as you did not interfere with your neighbor’s use and enjoyment of property. Thus you and your neighbors were free to put your respective properties to any reasonable use. But, if your neighbor used his or her property in an unreasonable manner, it would become a nuisance to you, and therein violate your property rights. For example, under common law you could obtain a court order against your neighbor to keep him or her from running a poultry farm in a manner that caused an unreasonable stench on your property, or to keep your neighbor from engaging in an unreasonably loud and continuous activity.
Likewise, you could bring a cause of action against a neighbor for causing physical damage to your property either by trespassing, or by carrying on some conduct on their property which may have an effect on yours. The prototypical example would be harm caused to your property as a result of a neighbor’s excavation. In some instances the channeling or rerouting of water may also unreasonably cause damage to your property.
These ancient rules still protect your property rights. Moreover, the common law rule—that you are free to make reasonable use of your real property—remains in effect, except to the extent that local, state or federal law impose restrictions. Under current law, you must be sure that you are in compliance with all zoning and permitting requirements before beginning construction on your property, and you must also ensure that you are in compliance with various other environmental regulations.
While the primary goal of land use law is still to encourage compatible uses of land for the sake of community harmony, regulators often impose land use restrictions and zoning with an aim to promote various other “social values” and public policies. For example, municipalities often adopt comprehensive zoning schemes with the dualistic aims of controlling growth and sprawl for environmental reasons, and for enhancing community aesthetics. On the state level, the California Coastal Commission has a reputation for imposing particularly draconian land use restrictions for the purpose of environmental conservation, and the preservation of other “coastal resources.” But in some instances, aggressive land use restrictions go too far, and can be challenged.
Passionately providing superior representation on all land use issues throughout the state of California, our lawyers will be happy to discuss your matter to develop a personalized legal strategy. They can be reached by calling (877) 770-7379.