Generally, yes. California property owners do not automatically have a legal right to an unobstructed view. A neighbor can usually plant trees, build structures, or make landscaping changes that block a view, as long as those actions comply with applicable laws and property restrictions. The answer can change when an easement, CC&R provision, private agreement,… Read more »
Government action can affect individual rights and property interests at the same time. A single decision by a city, county, or state agency may raise civil rights issues, property rights issues, or both. The right legal focus depends on three things: what the government did, which right it affected, and what legal remedy may apply…. Read more »
A city rezones a property, cutting its development potential in half. A county denies a permit without adequate notice. A planning commission conditions approval on dedicating private land. A state agency physically occupies part of a parcel for a utility corridor. Government actions affecting property can raise constitutional issues, but not all of them raise… Read more »
A letter arrives from a government agency. The agency needs part or all of your property for a road project, utility corridor, or other public infrastructure. Attached is an offer. The agency expects a response. Receiving that letter raises immediate questions. Does the government have the right to take your property? Is the offer fair?… Read more »
A property owner purchases land with a valid government permit in hand. The owner confirms with the relevant agency that the planned use is authorized. Development proceeds. Then, nearly two years after a voter-enacted growth-control measure takes effect, the government reverses course. It announces that the project had been prohibited since the day the measure… Read more »
A property owner may believe the government has gone too far. A zoning restriction, permit denial, or development condition may appear to eliminate the property’s value or prevent any reasonable use. The owner may want to bring a constitutional takings claim immediately. But a potential taking is only part of the analysis. In a regulatory… Read more »
Two of the most common remedies in California property disputes are quiet title actions and partition actions. Both involve ownership. Both may end up in court. But they address entirely different problems and follow different legal frameworks. A quiet title action resolves a disputed claim to ownership. A partition action divides property among co-owners who… Read more »
Housing projects across California face a familiar problem. Local agencies change zoning rules mid-project. Design standards multiply with each review. Hearings get continued indefinitely. A project that once looked straightforward can quickly become a moving target. SB 330, the Housing Crisis Act of 2019, was designed to stop that cycle. The law limits many of… Read more »
Private property rights are strictly protected by the Fifth Amendment to the United States Constitution. When a government agency takes private property for public use, it is legally mandated to provide just compensation. However, not every government intervention looks the same. Some actions involve bulldozers physically taking over land, while others occur quietly through administrative… Read more »
