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 »
Posts Categorized: Property Rights Lawyers
Can a Government Expand Its Use of an Easement on Private Property?
An easement gives someone a limited right to use another person’s property. When the government holds that right, the property owner still owns the underlying land. What the government can do on that land is defined by the easement’s terms and applicable law, not by what the government eventually decides it wants to do. The… Read more »
First English v. Los Angeles County: Temporary Regulatory Takings
Government regulations can restrict what a property owner may build, develop, or do on private land. Most restrictions do not rise to the level of a constitutional taking. Some, however, may go so far that they interfere with property rights to an extent that requires compensation. That raises an important question when the restriction is… Read more »
Inverse Condemnation in California: Elements of a Successful Claim
Government does not automatically pay for what it takes or damages. Sometimes a public agency causes serious harm to private property through a project, an infrastructure failure, or a regulatory action without ever initiating a condemnation proceeding. California law gives affected property owners a legal path to seek compensation in those circumstances. That path is… Read more »
California Property Tax Reassessment After Ownership Changes
Property taxes in California do not reset to market value automatically each year. Proposition 13, adopted by California voters in 1978, limits how quickly assessed values rise while a property stays in the same hands. But when ownership changes, that protection generally does not transfer to the new owner. The assessor reassesses the property at… Read more »
SB 330 Housing Crisis Act: What California Developers Need to Know
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 »
AB 2011 Affordable Housing Law: A Guide for California Property Owners
California needs far more housing than it builds each year. The state falls short by an estimated 180,000 homes annually, creating ongoing pressure on housing affordability and supply. To address that shortage, the Legislature passed Assembly Bill 2011, the Affordable Housing and High Road Jobs Act of 2022. AB 2011 allows affordable and mixed-income housing… Read more »
Eminent Domain vs Inverse Condemnation in California: What’s The Difference
When a California government agency takes your property or damages it without following proper procedures, you have constitutional rights. Many property owners do not realize there are two different legal paths to challenge what happened: eminent domain and inverse condemnation. The difference between eminent domain vs inverse condemnation California property owners encounter can determine whether… Read more »
Land Use Disputes with Local Governments | California Property Rights Lawyer
Land Use Disputes with Local Governments Land use disputes with local governments can significantly affect property ownership, development plans, investment value, and long-term business operations. Cities and counties exercise broad authority over zoning, permitting, environmental review, redevelopment, infrastructure planning, and land use regulation. However, when local governments exceed their authority, impose unreasonable restrictions, or improperly… Read more »
What to Do After a Permit Denial | California Land Use & Property Rights
What to Do After a Permit Denial A permit denial can significantly disrupt development plans, construction timelines, business operations, or property investment goals. Whether the denial involves zoning approvals, land use entitlements, environmental review, building permits, or conditional use permits, property owners should understand that a denial does not always mean the project is permanently… Read more »