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 »
Posts Tagged: California Property Rights
Malibu Fire Rebuilding: Coastal Commission Rules for Property Owners
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 »
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 »
Physical vs. Regulatory Takings in California: Key Legal Differences
Private property rights are strictly protected by the Fifth Amendment to the United States Constitution. When a government agency takes private property for public use, it is legally mandated to provide just compensation. However, not every government intervention looks the same. Some actions involve bulldozers physically taking over land, while others occur quietly through administrative… Read more »
What Is a Regulatory Taking in California and How Do You Prove One?
California property owners often face a complex web of government rules, permit decisions, zoning limits, environmental restrictions, and development conditions that dictate how land can be used. For the most part, these decisions fall under normal, everyday land-use regulations. In certain situations, however, a government restriction goes too far, crossing the line from standard oversight… Read more »
Fifth Amendment Takings: When Government Action Becomes a Taking
Need Legal Guidance? Experienced legal teams represent private property owners in matters involving government overreach, land use disputes, takings, and constitutional property rights. Property owners who believe a public agency has gone too far should speak with a specialist before accepting a government decision as final. What Is a Fifth Amendment Taking? A Fifth Amendment… Read more »
Precondemnation Entry on Private Property in California
Government agencies don’t always wait for condemnation proceedings before entering private land. Sometimes, they need access before they decide whether to take the property at all. This process is called precondemnation entry, and it raises serious constitutional questions for California property owners. Property owners have specific rights during this process that deserve close attention. The… Read more »
How to Force the Sale of a Co-Owned Property in California
Owning property with another person can work smoothly for years. However, disputes often arise when co-owners disagree about selling, managing, or using the property. One owner may want to sell, while another refuses. Inherited homes, investment properties, and family-owned real estate frequently become the center of these conflicts. When negotiations fail, California law allows co-owners… Read more »
Can You Sue a Seller for Not Disclosing Property Defects in California?
Buying a home should feel straightforward, but problems often appear after closing. A buyer moves in and discovers water damage behind walls, a cracked foundation, or unpermitted construction. At that point, frustration turns into a legal question: can you sue a seller for not disclosing property defects in California? In many cases, California law requires… Read more »
Can HOAs Ban Short-Term Rentals in California in 2026?
Short-term rentals through platforms like Airbnb and Vrbo have become a major source of income for many homeowners in California. At the same time, homeowners associations (HOAs) have increased restrictions on rental activity in residential communities. This raises a key legal question: can an HOA legally ban short-term rentals in California in 2026? The answer… Read more »