Posts Categorized: Uncategorized

Cities and Counties Cannot Record a Violation Notice on Private Property Without a Court Order

In recent years local governments have ramped up their investigation and prosecution of private property owners who allegedly have in place non-permitted structures on their property. Frequently the government records violation notices, or “red tags,” in the recorder’s office listing the alleged zoning violations. The effect can be catastrophic for property owners, who cannot refinance… Read more »

California Coastal Commission Loses Its Land Grab In Orange County; Racks Up Another Due Process Violation

The California Court of Appeal in Southern California recently prevented the California Coastal Commission from once again imposing draconian permit conditions in violation of the Fifth Amendment of the United States Constitution, which provides that private property shall not be taken for public use without just compensation. The case is Bay Island Club v. California… Read more »

United States Supreme Court Agrees to Review Case Involving Government Flooding of Property

In a rather unique twist, a governmental entity–the Arkansas Game and Fish Commission–brought suit against the United States in the Court of Federal Claims, on the ground that six years of periodic flooding during the sensitive growing season by the Army Corps of Engineers destroyed 18 million board feet of timber and left habitat unable… Read more »

Private Property Owners Should Require the Government to Obtain a Civil Inspection Warrant

Many counties and cities in California are taking an increasingly aggressive approach to inspections of property for alleged code violations. Often based on anonymous “tips” these government agencies will show up unannounced and ask to inspect and photograph private property. If the owner consents, no warrant is needed. However, owners should not consent to an… Read more »

Kassouni Law Represents Client in $1.7 Million Court of Appeal Property Rights Case

Kassouni Law represents Lockaway Storage, a Bay Area storage facility company which has been at odds with the County of Alameda for almost ten years over its conditional use permit. In 2000 Lockaway bought a parcel of land which had a preexisting conditional use permit for the construction and operation of a storage facility in… Read more »

Court of Appeal Rules Against San Clemente in Significant Property Rights Case

The California Court of Appeals issued a significant property rights ruling last December in Avenida San Juan Partnership v. City of San Clemente. In that case, the plaintiff owned an undeveloped 2.85 parcel of land in the city of San Clemente, which was located squarely within a residential zoning area. This area allowed the owner… Read more »

Court Decision Represents Victory for Fourth Amendment Constitutional Protections

Authorities at all levels are continually ratcheting up their efforts to meticulously enforce land use restrictions. In the process, they are increasingly testing the boundaries of their constitutional powers and encroaching further upon the constitutional rights of citizens. Accordingly, courts across the country are grappling with the question of when a governmental search of private… Read more »

U.S. Supreme Court Rules on Fourth Amendment Case

On January 23, 2012 the U.S. Supreme Court issued its decision in United States v. Jones, a controversial Fourth Amendment case which raised fundamental questions about the scope of the government’s power to track a citizen’s movements. At issue was evidence that the Prosecution had relied upon in convicting Antoine Jones. To obtain this evidence,… Read more »