California has adopted statewide standards that affect how certain warehouse and logistics facilities are designed, sited, and developed. The requirements address truck access, loading-bay placement, setbacks from certain sensitive receptors, design standards, and infrastructure requirements.
AB 98, signed on September 29, 2024, created Government Code Chapter 2.8 and added Section 65302.02. Certain requirements apply beginning January 1, 2026, to new and expanded logistics developments that meet specified thresholds. Not every warehouse in California is covered. Coverage depends on factors such as size, zoning, location, proximity to sensitive receptors, and the project’s procedural status.
The law also imposes requirements on local governments. Cities and counties must update their circulation elements to establish truck routes. In the warehouse concentration region, that obligation took effect January 1, 2026. Other jurisdictions have until January 1, 2028.
AB 98 is primarily a land use and development law. For property owners, the central question is whether and how the requirements affect a proposed project. In some cases, the standards may constrain where or how a facility can be developed. Identifying the applicable requirements and available exceptions before a project proceeds can help avoid unnecessary disputes.
What Is AB 98?
AB 98, Assembly Bill 98 (Carrillo, Chapter 931, Statutes of 2024), was signed into law on September 29, 2024. Its official title is “Planning and zoning: logistics use: truck routes.” The law added Chapter 2.8, commencing with Government Code Section 65098, and amended Government Code Section 65302.02.
The Legislature identified freight movement and its effects on public health and communities as matters of statewide concern. The legislation addresses the effects of warehouse and logistics development, particularly heavy-duty truck traffic near residential neighborhoods and sensitive land uses.
AB 98 establishes requirements addressing building design, loading-bay orientation, setbacks from sensitive receptors, buffering and landscaping, truck access points, anti-idling signage, entry-gate stacking depth, and specified energy and technology measures. These requirements apply alongside applicable local zoning and development standards.
The statute also provides that its requirements apply to charter cities because the Legislature determined that freight movement presents a statewide concern. Charter status therefore does not, by itself, exempt a city from the applicable AB 98 requirements.
One other point I’d check before publishing is the exact wording around January 1, 2026 and January 1, 2028, because AB 98 contains different effective dates for different local-government requirements. The distinction you’ve made is useful, but I’d keep the underlying statutory citations close to those claims.
What Qualifies as a “Logistics Use”?
AB 98 applies to qualifying “logistics use” developments, not every facility that stores or distributes goods. The statutory definition determines whether a facility falls within the law.
Government Code Section 65098(d) defines a logistics use as a building where cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both. The facility must not primarily serve retail customers making onsite purchases, and heavy-duty trucks must primarily transport the cargo, goods, or products.
The statute excludes three categories:
- Facilities where food or household goods are sold directly to consumers and are open to the public.
- Buildings primarily served by rail for moving cargo, goods, or products.
- Strategic Intermodal Facilities, meaning facilities providing intermodal freight transportation services that are served by rail, with the structures and rail operations located within one site footprint.
A “heavy-duty truck” means a Class 7 or Class 8 truck. Class 7 trucks have a gross vehicle weight rating of 26,001 to 33,000 pounds. Class 8 trucks exceed 33,000 pounds.
Property owners and developers should evaluate a proposed facility against the statutory definition before assuming AB 98 applies. A facility primarily serving onsite retail customers or primarily served by rail, for example, may fall outside the definition.
Which Projects Are Covered by AB 98?
AB 98 creates different requirements based on factors including project type, zoning, size, location, and proximity to sensitive receptors. As a result, a covered project may face some requirements without being subject to every standard in the statute.
New Logistics Developments
New logistics use developments must be evaluated under the applicable provisions of Government Code Section 65098.1. The requirements can vary based on the property’s zoning, the project’s size, its location, and its proximity to sensitive receptors.
Expanded Logistics Developments
AB 98 defines an expansion as an increase of 20 percent or more in the existing square footage of a logistics use. Office space does not count toward the calculation. Government Code Section 65098(b).
An expansion below that threshold does not qualify as an “expansion” under this definition. Other provisions may still apply depending on the project’s circumstances.
Size Thresholds
Projects measuring 250,000 square feet or more can face additional requirements under the statute. These include the Tier 1 “21st century warehouse” standards in circumstances specified by Government Code Section 65098.1.
Smaller projects can also be subject to AB 98 requirements. The applicable standards depend on factors such as zoning and proximity to sensitive receptors.
Industrial-Zoned Land
For certain logistics developments on industrial-zoned land, Section 65098.1(a) applies when the loading bay is within 900 feet of a sensitive receptor.
The statute also addresses certain properties for which a rezoning application was submitted by September 30, 2024, and ultimately approved.
Non-Industrial Land
Section 65098.1(b) addresses qualifying logistics developments on non-industrial land and certain properties requiring rezoning.
Where the applicable requirements are triggered, the statute imposes different setback and buffering standards than those applicable to qualifying projects on industrial-zoned land. The applicable provision should be reviewed based on the property’s zoning and project circumstances.
The Warehouse Concentration Region
Government Code Section 65098(h) defines the warehouse concentration region to include Riverside County, San Bernardino County, and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
The region receives separate treatment under AB 98. Certain logistics developments on non-industrial land within this region are subject to Section 65098.1(c), regardless of proximity to a sensitive receptor.
Sensitive Receptors
Government Code Section 65098(e) defines a “sensitive receptor” to include categories such as:
- Private residences, apartments, condominiums, group homes, dormitories, and retirement homes
- Preschools and schools through grade 12
- Daycare facilities, including in-home daycare
- Publicly owned parks and playgrounds primarily used by children
- Nursing homes and long-term care facilities
- Hospices and convalescent facilities
- Hospitals
The location of a sensitive receptor can determine which AB 98 requirements apply to a proposed logistics development.
A project located near a sensitive receptor is not automatically prohibited. Instead, the applicable provisions may impose requirements concerning loading-bay placement, setbacks, buffers, truck access, and other development standards.
How AB 98 Changes Warehouse Development Standards
AB 98 establishes several development standards for covered new and expanded logistics uses. The requirements include baseline standards that apply to qualifying projects, along with additional requirements for certain larger developments near sensitive receptors.
Baseline Requirements for Covered Logistics Uses
Covered new and expanded logistics developments must meet applicable California building energy efficiency requirements under Title 24, Part 6. AB 98 also establishes requirements addressing photovoltaic systems, cool roofs, medium- and heavy-duty vehicle charging readiness, and light-duty electric vehicle charging readiness.
Entry gates serving loading truck courts must provide at least 50 feet of stacking depth inside the property line. For facilities with more than 50 loading bays, the required depth increases by 70 feet for every additional 20 loading bays, to the extent feasible. Government Code Section 65098.2.5.
Anti-idling signs must be posted at entrances and loading bays. Signs directing heavy-duty truck drivers to designated truck routes must also be installed at applicable heavy-duty truck exit driveways. Government Code Section 65098.3.
Tier 1 Requirements for Certain Large Developments
Certain logistics developments measuring 250,000 square feet or more and meeting the statutory location and sensitive-receptor criteria must satisfy additional “21st century warehouse” standards.
These requirements can include:
- Microgrid-ready switchgear capable of supporting distributed energy resources
- Advanced smart-metering readiness
- Conduit and infrastructure for future electric vehicle charging at at least 50 percent of passenger-vehicle parking spaces
- Installed electric vehicle charging stations at at least 10 percent of passenger-vehicle parking spaces
- Zero-emission forklifts beginning January 1, 2028, subject to the statutory feasibility, availability, and power requirements
Government Code Section 65098(g) establishes the applicable Tier 1 standards. The requirements go beyond the baseline standards and impose additional obligations concerning electric vehicle infrastructure, forklift electrification, and electrical-system readiness.
Loading Bay Setbacks
AB 98 establishes minimum setbacks between loading bay openings and certain sensitive receptors. The applicable distance depends on the project’s zoning, size, location, and other statutory criteria.
For projects subject to the applicable setback provisions, the requirements include:
- Industrial-zoned projects of 250,000 square feet or more: 300 feet from the nearest sensitive receptor property line, measured in a straight line to the nearest loading bay opening.
- Certain projects on non-industrial land: 500 feet where the statutory requirements are triggered.
- Certain projects on non-industrial land within the warehouse concentration region: 500 feet where Section 65098.1(c) applies.
Loading bays must also be oriented away from sensitive receptors to the extent feasible. Heavy-duty diesel truck drive aisles cannot be located on the side of a building directly adjacent to a sensitive receptor property line where the statutory prohibition applies.
Buffering and Landscaping
Covered logistics facilities within 900 feet of a sensitive receptor may also be subject to statutory buffering requirements under Government Code Section 65098.2.
The required buffer depends on the project’s applicable statutory category:
- 50 feet for qualifying industrial-zoned projects under Section 65098.1(a) or (d)
- 100 feet for qualifying projects under Section 65098.1(b) or (c)
The required buffer may include a solid decorative wall, a landscaped berm with a wall, or a landscaped berm meeting the statutory height requirements. Additional landscaping requirements include drought-tolerant ground cover and evergreen trees that provide solid screening.
Where the statute specifies tree requirements, trees must be at least 36-inch box size at planting and spaced no more than 40 feet apart. Palm trees are excluded from the required screening.
Roadway Siting
Covered new logistics developments must generally have access from an arterial road, collector road, major thoroughfare, or local road predominantly serving commercial uses. Government Code Section 65098.2.7.
A road is considered to predominantly serve commercial uses when more than 50 percent of the properties fronting the road within 1,000 feet are designated for commercial or industrial use under local zoning.
The statute provides a potential waiver where access to a qualifying roadway is impractical because of geographic, economic, or infrastructure-related constraints. The applicable requirements and local approval process must be satisfied before relying on the waiver.
Truck Access
Covered logistics developments must provide heavy-duty truck access through a qualifying roadway or truck route.
Truck entrances and exits, as well as internal truck circulation, must be located away from sensitive receptors where required by the applicable statutory provisions.
These requirements can affect site layout, driveway placement, loading areas, and the feasibility of a proposed warehouse development.
Housing Replacement Conditions
AB 98 also addresses projects that involve the demolition of certain housing units.
Where a covered logistics development demolishes a housing unit that was occupied within the preceding 10 years, Government Code Section 65098.6 requires specified housing replacement measures as a condition of approval.
The requirements can include replacement of demolished units at a 2-to-1 ratio with deed-restricted affordable housing. Displaced tenants may also be entitled to relocation assistance based on the statutory requirements, including payment equivalent to 12 months of rent at the applicable current rate.
These requirements can add substantial costs and approval conditions to projects involving residential displacement. Property owners considering a warehouse or logistics development should determine early whether Section 65098.6 applies to the proposed project.
AB 98’s Truck Route Requirements
AB 98 places truck-routing obligations on two groups: logistics facility operators and local governments.
Facility Operators: Truck Routing Plans
Before a certificate of occupancy is issued, the operator of a covered logistics facility must establish and submit a truck routing plan to the local planning director or equivalent official. Government Code Section 65098.4.
The plan must address:
- Hours of operation
- Types of goods stored at the facility
- Proposed truck routes to and from the facility and designated truck routes, avoiding sensitive receptors to the greatest extent feasible
- Measures to prevent truck queuing, circling, stopping, and parking on public streets, including appropriate signage, pavement markings, queuing analysis, and enforcement measures
The facility operator is responsible for implementing and enforcing the approved truck routing plan. A revised plan must be submitted before a business license is issued to a new tenant of the property.
The planning director may also require additional measures when truck routing or parking problems arise during the facility’s operation.
Cities and Counties: Circulation Element Updates
Cities and counties have separate obligations under AB 98. Government Code Section 65302.02 requires local governments to update their circulation elements to establish specific truck routes.
The updated circulation elements must:
- Identify freight routes that can safely accommodate truck traffic while avoiding residential areas and concentrations of sensitive receptors
- Maximize the use of interstate and state divided highways where available
- Use arterial roads, major thoroughfares, and commercially oriented local streets where those highways are unavailable
- Identify truck parking locations and appropriate idling facilities
- Provide conspicuous signage identifying designated truck routes and relevant truck parking and idling locations
- Make truck-route maps publicly available in GIS format and provide them to warehouse operators, fleet operators, and truck drivers
The deadline for jurisdictions within the warehouse concentration region was January 1, 2026. Other cities and counties must complete the required circulation-element updates by January 1, 2028.
AB 98 also provides for financial penalties when a jurisdiction fails to make the required updates. The Attorney General may impose fines of up to $50,000 every six months for continued noncompliance.
For property owners and logistics developers, these local-government requirements can affect the routes available for truck access to a proposed facility. Reviewing the applicable local circulation element and designated truck routes should therefore be part of the early development process.
How AB 98 Can Affect a Property Owner or Developer
The practical impact of AB 98 depends on the property’s zoning, location, proximity to sensitive receptors, and the scope of the proposed logistics project.
Site Selection and Development Flexibility
Property owners considering warehouse or logistics development should determine whether the site falls within the warehouse concentration region, whether sensitive receptors trigger the applicable proximity requirements, and what zoning applies to the property.
These factors can affect which statutory requirements apply, including setbacks, buffers, truck access, and design standards.
A site that otherwise appears suitable for logistics development may become more difficult to develop if required setbacks cannot be satisfied because of the property’s dimensions or nearby sensitive receptors.
Development Costs
Additional design and infrastructure requirements can increase development costs. Depending on the project, expenses may include electric vehicle charging infrastructure, photovoltaic systems, battery storage, microgrid-ready electrical equipment, and zero-emission forklifts.
Buffering requirements can also reduce usable site area. A required 100-foot buffer along a property line next to a sensitive receptor can reduce the portion of the parcel available for buildings, parking, loading areas, and other uses. On smaller parcels, that reduction may affect overall project feasibility.
Entitlement Process
A logistics project that does not satisfy the applicable statutory standards may not receive local approval. Government Code Section 65098.5(a) prohibits a city or county from approving a logistics use development that does not meet or exceed the applicable AB 98 standards.
Section 65098.5(b), however, preserves local authority to deny a logistics facility altogether. AB 98 does not create an entitlement to develop a logistics use simply because a property is industrial-zoned. Local agencies retain their existing authority to deny projects on other lawful grounds.
Existing Facilities and Proposed Expansions
AB 98 provides specific protections for certain existing logistics facilities. A logistics facility that existed as of September 30, 2024, may not become subject to certain loading-bay setback requirements solely because a new sensitive receptor is established after the statute’s effective date.
That protection applies to the specified setback requirements. It does not necessarily exempt the facility from other AB 98 provisions that may otherwise apply.
A proposed expansion of 20 percent or more of an existing logistics use can qualify as an expansion under the statute. Office space is excluded from the square-footage calculation.
An increase below 20 percent does not meet AB 98’s statutory definition of an expansion. That threshold, however, should not be treated as a blanket exemption from every provision of the law. The project’s full circumstances and the applicable statutory provisions should be reviewed before determining whether AB 98 applies.
Exceptions and Projects Already in the Entitlement Process
Government Code Section 65098.1.5 provides several exceptions to AB 98. Each exception has specific conditions, so the project’s entitlement history and timing can determine whether an exemption applies.
Projects in Entitlement Before September 30, 2024
Under Section 65098.1.5(c), AB 98 does not apply to a logistics project that was subject to a commenced local entitlement process before September 30, 2024, subject to the conditions stated in the statute.
The protection can continue through the entitlement process, including necessary rezoning, and through the development period. Under Section 65098.1.5(d), the protection may be waived if development activity does not begin within five years after the applicable entitlement approvals.
Projects With Prior Local Approval
Section 65098.1.5(e) excludes logistics projects that received approval from a local agency before AB 98’s effective date.
The statute uses the CEQA definition of “approval” for this purpose. The timing and nature of the local agency’s decision therefore matter when determining whether the exception applies.
Rezoning Projects Where Entitlement Began First
Section 65098.1.5(b) provides an exception to certain loading-bay setback requirements for projects requiring rezoning.
The exception can apply when the logistics-use entitlement process began before a nearby sensitive receptor began its own entitlement or permitting process, subject to the statutory conditions. The exception may not apply when the sensitive receptor was already an allowable use under the applicable local zoning.
This provision can become important when a logistics project and a nearby sensitive use move through separate approval processes at different times.
Setback Protection for New Sensitive Receptors
Sections 65098.1.5(a)(1)-(3) provide protections for certain existing or previously entitled logistics uses.
Depending on the applicable subsection, an existing logistics use, a proposed expansion already in the entitlement process as of September 30, 2024, or property already in the entitlement process for a logistics use may not become subject to specified loading-bay setback requirements solely because a sensitive receptor is later constructed, established, or permitted.
The precise statutory conditions should be reviewed because the protection does not necessarily extend to every AB 98 requirement.
Mixed-Use Exception
Government Code Section 65098.9 provides an exception for certain logistics-use developments that form part of a mixed-use development capable of creating sensitive receptors on the same site.
The exception applies only when the statutory conditions are satisfied, including the requirement concerning existing sensitive receptors within 900 feet of the loading bay.
When AB 98 Standards Interact With Local Zoning
AB 98 establishes statewide requirements, but it does not eliminate local land use authority. Cities and counties may continue to impose additional lawful development standards and may retain authority to deny a logistics development on other lawful grounds.
A general plan may designate property for industrial use. Local governments may also impose requirements through zoning ordinances, specific plans, development agreements, conditional use permits, and other applicable land use regulations.
A project that satisfies AB 98 must therefore still comply with applicable local requirements.
At the same time, local authority has legal limits. When a local agency imposes a condition that appears to exceed the authority granted by state law, the applicable ordinance, or the agency’s own regulations, the property owner may have grounds to challenge the condition.
The California zoning and land use practice at Kassouni Law addresses disputes involving local development conditions, permit denials, and agency interpretations of land use requirements.
Can AB 98 Restrictions Raise Property Rights Issues?
Most property owners facing AB 98 requirements will deal with them as development and permitting issues rather than constitutional disputes. Compliance costs, site redesigns, and additional infrastructure are typical consequences of the law.
Some situations, however, may raise broader property-rights questions depending on the specific facts.
Regulatory Takings
California property owners retain constitutional protections against regulations that go so far as to constitute a taking requiring just compensation. Not every restriction on property use amounts to a taking. Compliance costs alone do not establish one.
Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978), established the multifactor test courts generally apply to regulatory takings claims involving partial restrictions. Courts consider the economic impact on the owner, the extent to which the regulation interferes with investment-backed expectations, and the character of the government action.
Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), established a categorical rule for regulations that eliminate all economically beneficial use of property. Where a regulation leaves no economically viable use, just compensation is generally required.
A setback or design requirement that leaves substantial development value will not ordinarily satisfy the Lucas standard. A property owner who believes an AB 98 requirement has eliminated the property’s viable development potential may warrant a more detailed takings analysis.
Inverse Condemnation
California’s inverse condemnation doctrine, rooted in Article I, Section 19 of the California Constitution, allows property owners to seek compensation when government action takes or damages private property for public use.
The analysis focuses on the effect of government conduct on the property. It differs from a challenge to whether the government lawfully imposed the restriction.
Kassouni Law’s inverse condemnation practice addresses claims involving government actions that substantially interfere with private property rights.
Due Process
A government decision that applies AB 98 in a manner unsupported by the statute may raise due process or other constitutional concerns, depending on the circumstances.
For example, a property owner may have grounds to challenge a decision where a local agency imposes requirements that AB 98 does not authorize or applies the statute to a project that falls within an express exception.
These issues are distinct from a regulatory takings claim. A due process challenge focuses on whether the government acted within lawful standards and procedures. A takings claim focuses on whether government regulation went far enough to require compensation.
Temporary Restrictions and Compensation
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987), established that a regulatory taking can require compensation for the period during which the taking was in effect, even if the government later withdraws or changes the restriction.
First English did not hold that every temporary land-use restriction constitutes a taking. The threshold question remains whether the government action actually amounted to a taking under the applicable legal standard.
Local vs. Statutory Authority
Where a local agency applies AB 98 to a project that the statute does not cover, ignores an applicable exception, or interprets the statute more broadly than its text permits, a property owner may have grounds to challenge that interpretation through administrative or judicial review.
A constitutional property-rights claim requires a fact-specific analysis. The applicable legal theory, strength of the claim, and available remedies depend on the government decision, the property’s development potential, the project’s status, and the applicable legal standard.
For a broader discussion of these issues, see Kassouni Law’s California constitutional property rights practice.
What Property Owners Should Do Before Developing a Logistics Use
- Confirm whether the proposed use qualifies as a “logistics use.” Review Government Code section 65098(d). Not every warehouse or distribution facility falls within the statutory definition.
- Review the property’s current zoning. Industrial, non-industrial, and pending rezoning situations can trigger different AB 98 standards.
- Determine whether the project is new or an expansion. An expansion of 20 percent or more of the existing square footage may trigger AB 98. Smaller expansions may fall outside the statutory definition of “expansion.”
- Identify sensitive receptors within 900 feet of the proposed loading bays. Their location can determine which requirements apply to the project.
- Determine whether the property is in the warehouse concentration region. For qualifying projects on non-industrial land in this region, additional requirements may apply even without a nearby sensitive receptor.
- Review applicable truck routes and the local circulation element. Determine whether the local government has completed its required truck route update and how the designated routes affect proposed access.
- Review the project’s entitlement and rezoning history. Determine whether an exception under Government Code section 65098.1.5 may apply based on when the entitlement process began or when local approval was obtained.
- Review proposed conditions imposed by the local agency. Compare those conditions with AB 98, applicable local ordinances, and other governing requirements.
- Consider legal review when the agency’s position appears unsupported. This may be appropriate when a government agency imposes conditions that exceed its legal authority, denies a project despite apparent compliance, or applies AB 98 to a project that may qualify for an exception.
AB 98 applies to covered projects beginning January 1, 2026. Projects that were subject to a commenced local entitlement process before September 30, 2024, may qualify for an exception. That protection is subject to statutory conditions, including a five-year limitation if development does not begin after entitlement approval.
When to Challenge a Government Land Use Decision
Administrative and judicial deadlines for challenging land use decisions can be short. A property owner who believes a local agency has misapplied AB 98 or imposed unlawful conditions should act promptly.
Legal review may be appropriate when:
- A local agency applies AB 98 to a project that appears to qualify for a statutory exception.
- A project is denied despite satisfying applicable statutory requirements.
- The agency imposes conditions that exceed what AB 98 or local ordinances authorize.
- The agency’s interpretation of “logistics use,” “sensitive receptor,” or another AB 98 term conflicts with the statutory text.
- The agency applies setback or design requirements that do not appear to apply to the project’s category.
- A proposed restriction substantially affects the property’s development potential and may raise constitutional property-rights issues.
Available remedies depend on the type of government decision, applicable administrative procedures, deadlines, and the specific facts. Early legal review can help preserve available options.
Kassouni Law’s California land use and development practice addresses disputes involving local government decisions affecting logistics and industrial development.
Questions About AB 98 and California Warehouse Property Rights?
AB 98 adds statewide requirements that property owners, developers, and logistics operators must consider before pursuing new or expanded logistics facilities. The applicable standards vary based on factors such as zoning, location, project size, and proximity to sensitive receptors.
Kassouni Law represents private parties in California land use, zoning, development, government enforcement, and constitutional property-rights disputes. The firm represents private parties exclusively and has never represented a government agency.
If you are dealing with an AB 98-related zoning, development, permitting, or government action, call 877-770-7379 or submit an inquiry through kassounilaw.com/contact to discuss the specific facts of your situation.
Frequently Asked Questions
Does AB 98 apply to every warehouse in California?
No. AB 98 applies to qualifying “logistics use” developments that meet the statutory requirements. Coverage depends on factors such as the project’s size, zoning, location, and proximity to sensitive receptors.
What is a sensitive receptor under AB 98?
Sensitive receptors include residences, schools, daycare facilities, parks primarily used by children, nursing homes, hospitals, and certain other care facilities. Their proximity to a proposed loading bay can trigger additional AB 98 requirements.
Can AB 98 prevent a property owner from developing a warehouse?
It can affect whether and how a qualifying logistics facility may be developed. AB 98 imposes requirements involving setbacks, buffers, truck access, routing, and building design. Local governments may also retain authority to deny a project on other lawful grounds.
Can a property owner challenge an AB 98 requirement?
Potentially. A challenge may be available if a local agency misapplies the statute, ignores an applicable exception, imposes conditions beyond its legal authority, or makes a decision that raises other legal or constitutional concerns. The available challenge depends on the specific decision and applicable deadlines.
Do AB 98 requirements raise constitutional property-rights issues?
In some circumstances, they may. Most AB 98 compliance issues will not amount to a constitutional taking. However, a restriction that substantially interferes with a property’s development potential may warrant analysis under regulatory takings, inverse condemnation, or other property-rights doctrines.
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. AB 98’s requirements are complex and fact-specific. Please review the current statutory text and consult a qualified California land use or property rights attorney for advice about your specific situation.
