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 »
Posts Tagged: California Property Rights Attorneys
Civil Rights vs. Property Rights Attorneys in California: Who Should You Hire?
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 »
Free Speech Rights on Private Property in California: What the Law Says
Whether someone may speak on private property often depends on who owns the property and what legal protections apply. On government property, such as a public sidewalk or park, the First Amendment limits what the government can do. On privately owned property, the analysis changes. The First Amendment generally protects speech from government restrictions. It… Read more »
Takings Clause vs. Due Process in California Property Law
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 »
Unconstitutional Conditions in California: When Government Demands Too Much
A property owner applies for a development permit. The city approves it, but with a condition: dedicate a strip of land for a public trail. Or pay a large fee. Or grant public access across private property. The owner wonders whether those demands are legal. Sometimes government conditions on permits are perfectly valid. A city… Read more »
Can You Get an Injunction in a California Property Dispute?
A neighbor begins clearing land near your property line, and you believe the work is about to cross onto your property. A utility company shows up to install infrastructure you believe goes beyond what its easement allows. Someone has started using your private road without permission, and they show no sign of stopping. In each… 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 »