Constitutional Law Residential Real Estate Zoning, Planning & Land Use

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Right of Entry Statutes Are Back in Business – For Now

For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

Eminent Domain and Condemnation – What’s It All About?

Texan ranch owner Hugh Steerman (fondly known as “Gramps”) just received notice that his family’s fourth-generation, 2,000-acre, Rambling Steer Ranch is a possible pathway for the West Texas Rail from Fort Worth to El Paso....more

Five Surprising Facts About the Inclusive Communities Case

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Supreme Court Takes on Housing Discrimination

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

But I’ve Always Had a Dock on the Easement

For decades Michigan courts have been called upon to decide whether a waterfront easement, platted way, or similar access device permits the user to exercise riparian rights – the ability to install a dock and moor boats to...more

Disparate Impact Claims Fair Game under the Fair Housing Act

The United States Supreme Court, in a five-to-four decision in June, brought housing discrimination law ever-so-slightly more in line with Title VII of the Civil Rights Act of 1964 (“Title VII”) by holding that claims of...more

Land Use & Natural Resources Case Law Update Second Quarter 2015

Banning Ranch Conservancy v. City of Newport Beach - 236 Cal.App.4th 1341 - This case involved the City of Newport Beach’s approval of a mixed-use development project on land located within the coastal zone. Banning...more

If At First You Succeed, Don’t Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

Inverse Condemnation

Inverse condemnation is a far more complex subject than it may seem at the outset. While condemnation proceedings are initiated by the government to acquire property and pay the owner just compensation, the general rule...more

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

CT Law of the Land

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

California Supreme Court Upholds San Jose's Inclusionary Housing Ordinance As Valid Land Use Restriction

In a unanimous decision that included two concurrences, the California Supreme Court upheld San Jose's inclusionary housing ordinance against a facial challenge that alleged an unconstitutional taking of the developer's...more

New Legislation Enacted to Protect the Use of Private Property

In the 2015 session, the Legislature passed and the Governor signed House Bill 383 to address unconstitutional conditions by government agencies on the use of private property in Florida. This expands the existing Bert...more

RLUIPA Suit Looms After Controversial Connecticut Church Denial

The Danbury Zoning Board of Appeals denied a church’s application for variances to develop an 18-acre parcel with a house of worship and priest residence. Now, Danbury could join the list of Connecticut municipalities that...more

The Supreme Court Recognizes but Limits Disparate Impact in its Fair Housing Act Decision

On June 25, 2015, the Supreme Court, by a 5-4 margin, upheld the application of disparate impact under the Fair Housing Act (“FHA”) in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc....more

Urgent Update: After Supreme Court Ruling, Expect Greater CFPB Scrutiny of Disparate Impact in Lending

The U.S. Supreme Court’s surprising disparate-impact ruling on June 25, 2015 regarding tax-credit allotments and discrimination means lenders need to take a hard look at their policies and operations. The Court ruled 5-4...more

California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a...more

California's Highest Court Upholds San Jose's Affordable Housing Ordinance

Requirement to construct or provide affordable housing is permissible under California Constitution police powers - This week, in a long awaited decision, California Building Industry Association v. City of San Jose,...more

Government & Regulatory Law Update June 2015: California Supreme Court Holds That the City of San Jose’s Inclusionary Housing...

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, addressing the legal standards to be used in determining the constitutionality of ordinances...more

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in...more

Real Property – Court’s Power to Issue Equitable Easements

Lilli Shoen v. Juliet Zacarias - Court of Appeal, Second Appellate District (May 22, 2015) - A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in...more

California Supreme Court Rules that Ordinance Intended to Increase Number of Affordable Housing Units is a Lawful Exercise of the...

In one of the most widely followed land use cases in recent years, the Supreme Court of California unanimously upheld the City of San Jose’s affordable housing ordinance because it was intended to advance the constitutionally...more

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