A government easement on private land does not transfer ownership. The property owner retains the underlying fee title. The government acquires only a limited right to use the land for a defined purpose. That distinction has real consequences. A property owner whose land is burdened by a government easement still owns the land. They may… Read more »
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 »
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 »
California cities and counties have long used growth control measures to limit the pace of residential and commercial development. Some impose annual caps on building permits. Others establish urban growth boundaries beyond which development is restricted or prohibited. A few use voter-approved moratoriums that freeze approvals for defined periods. Taken together, these measures can significantly… Read more »
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 »
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 »
Property owners rebuilding after a fire in Malibu or the Pacific Palisades face a coastal permitting system unlike anywhere else in California. The California Coastal Act generally requires a coastal development permit before any construction in the coastal zone. However, a specific exemption allows many fire victims to rebuild without that permit, provided the replacement… Read more »
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 »
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 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 »
