A California appellate court case is illustrative of the state's rather rigid doctrines against compensation to landowners for alleged injury to their property. The City of Beverly Hills prevailed against in a demurrer involving homeowners who claimed injury against the city for planting some redwood trees in a park some ways from their home. The injury? Spoiling their lovely view.
Recently in Property Law Category
The Supreme Court declined to address the constitutionality of San Jose's inclusionary housing law on Monday, denying cert of real estate developers petition from a recent California Supreme Court ruling upholding the affordable housing plan. Under the inclusionary housing law, developers of large residential projects must set aside a small percentage of units as affordable, below market rate housing, which real estate developers had claimed was an unconstitutional taking.
The denial leaves the law, and the California Supreme Court's ruling, intact, but as Justice Thomas noted in a separate opinion, the conflict raises important constitutional issues that are likely to be before the Supreme Court at some time in the future.
California Democratic Assemblyman Kevin McCarty has proposed AB2459, a bill he says would eventually help get firearms "out of the wrong hands," reports the Associated Press.
If the bill passes to become law, it would also make it a statewide crime for licensed dealers to sell their guns out of their homes, a practice that is already outlawed by many municipalities.
If you've been wondering whatever happened to California's high speed rail, you're not the only one. The latest news is that it's back in court.
So far, the project hasn't been very "high speed" at anything except rustling up legal issues.
On October 23rd, the Southern California Gas Company's natural gas storage well sprung a leak in the Los Angeles neighborhood of Porter Ranch. For over two months, it has spewed gas, releasing over 80,000 metric tons of methane. No one seems able to stop it, either.
While the leak pumps out thousands of tons of toxic greenhouse gases, the lawsuits are already piling up: 25 so far and climbing.
Sure, you'll have to die to take advantage of AB139, but it might be worth it. The new law, which goes into effect January 1st, lets Californians transfer real property to their heirs without going through probate.
California's new revocable transfer on death deed is an exciting new weapon in your estate planning arsenal. Here's why.
When Governor Brown instituted mandatory water restrictions on urban water users early this April, he was widely praised for taking drastic action to address California's worsening drought. Yet, that praise was often paired with skepticism and even condemnation, as Brown had failed to mandate any reductions for agricultural water users. In California, agricultural users are responsible for four times as much water use as all urban uses, or approximately 80% of all water use in the state.
Agricultural users' reprieve hasn't lasted long, however. On Friday, California instituted sharp cutbacks for farmers, the first reduction of its kind in 38 years. The cutbacks could raise tricky legal issues in California, where water rights complicated and often controversial.
Californians who resell art out-of-state will no longer have to pay a statutory royalty to the artist. Under the California Resale Royalty Act, a seller was required pay a five percent royalty to the artist if the seller is a California resident selling out-of-state or if the sale takes place in California. That out-of-state provision is an unconstitutional violation of the Dormant Commerce Clause, the Ninth Circuit, sitting en banc, ruled on Tuesday.
Under the Act, if a San Franciscan auctions off a sculpture by a German artist in New York City, the artist is owed the royalty. Similarly, a royalty is required if a Brazilian businessman buys a photograph by a Chicago artist while passing through LA. Change "San Francisco" to "Paris" or "LA" to "Detroit" and no payment is needed in either scenario.
In a decision that could undermine California's ability to respond to increasingly dire drought conditions, a state appellate court has ruled that San Juan Capistrano cannot implement tiered water rates that are not based on the cost of service provision. Under the city's plan, the rate charged for water usage increased depending on the overall amount of water used. Users in the lowest tier paid about $2.50 per unit -- the most profligate water users paid over three times that rate.
The city's plan is designed to encourage water conservation by increasing water's cost the more one uses. It also violates a state law prohibiting government agencies from charging more than the cost of a service, the court found.
In response to California's continuing drought, Governor Jerry Brown will be instituting unprecedented restrictions on water usage with the hopes of reducing urban water consumption, Brown announced yesterday. The move comes as California faces one of its most severe droughts on record.
The new water restrictions, expected to last through February, 2016, direct the State Water Resources Control Board to impose restrictions to reduce urban water consumption by 25 percent. The new restrictions could result not just shorter showers and less lawn sprinklers, but increased inspections and enforcement actions by the state.