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 »
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 »
A city designates a decades-old home as a historic resource. Exterior repainting now requires approval, and demolition is no longer an option. When does a preservation restriction become a regulatory taking that requires compensation? California courts answer that question narrowly. A restriction does not create a taking simply because it lowers property value or limits… Read more »
Temporary government action can interfere with a property owner’s ability to use, develop, or obtain value from private property. When that interference lasts for a limited period, it may raise questions about whether the government has temporarily taken property rights without providing compensation. A temporary restriction does not automatically avoid compensation simply because the government… 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 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 »
A fence running along the back of two properties looks like it marks the line between them. In many cases, it does. But a fence’s physical position is not the same as the legal property boundary. Fences shift over time, get replaced at different locations, or were built on assumptions that a survey later proves… 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 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 »
