Zoning, Planning & Land Use Transportation

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Next Stops for the Alameda Corridor East – Montebello, Maple and Turnbull Canyon Grade Separations

At some time or another, most of us have experienced sitting in our cars at a railroad crossing waiting for what seems like the longest freight train in the world go by. And it always seems to happen when you’re late for an...more

Oakley to Condemn Century-Old Building for Street Widening Project

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

Stay in your Lane: Three Recent, Significant Rulings Enforce State and Federal Separation of Powers

Builders and contractors may be interested to learn that, in the past few days, the Supreme Courts of Texas capitoland Colorado, and the U.S. Court of Appeals for the DC Circuit have issued significant rulings addressing the...more

Preparing for the Future – SCAG Adopts 2016 RTP/SCS

The Southern California Association of Governments (SCAG) is the nation’s largest regional planning agency and is governed by an 86-member Regional Council, made up of elected officials from among the six counties and 191...more

Miles Apart

Supplemental Budget Bills - Divergent legislative priorities are reflected in the House and Senate budget bills. With respect to the projected $900 million surplus in the General Fund, House Republicans allocate the full...more

FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

Perhaps only by coincidence, on April 22—“Earth Day”—the Federal Highway Administration (“FHWA”) published a Notice of Proposed Rulemaking (“NPRM”) that, for the first time, would set performance measures for greenhouse gas...more

Washington, D.C. Update – April 2016

FY17 Appropriations - The House and Senate Appropriations Committees continue to move forward on individual FY17 spending measures based on discretionary spending levels enshrined in last fall's bipartisan budget deal....more

Hillsborough County Adopts Mobility Fees, Ends Push for Transportation Sales Tax

As we previewed in our prior update, Hillsborough County settled part of a years-long debate over transportation funding by adopting a mobility fees ordinance, but on the very next day, by a 4-3 vote, decided against putting...more

Montgomery County Subdivision Staging Policy Revamped

The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission (“Planning Board”) is updating the Subdivision Staging Policy (“SSP”). We anticipate practical and innovation changes will be...more

Municipalities May Not Grant Preferential Parking to Residents Based on Dwelling Type

California Attorney General Addresses Local Preferential Parking Regulations - Local authorities may not institute preferential parking regulations that discriminate among residents based on the residents’ dwelling type,...more

Crude-by-Rail Update: Largest West Coast Terminal Proposal Suffocating Under Delay

The largest proposed crude-by-rail (CBR) transloading facility on the West Coast recently survived a major hurdle to its ultimate construction and operation—a lease extension. But with the proposed project enduring nearly...more

Major Takeaways from American Planning Association’s National Conference

Several R+C Land Use Group lawyers just returned from the American Planning Association’s National Conference in Phoenix, Arizona. The conference is a great opportunity to get together with planners from across the country,...more

The Sky is the Limit

Miami’s ever-changing skyline is set for its biggest upgrade yet. With the Federal Aviation Administration’s recent decision to allow buildings in Miami to reach a height of 1,049 feet above sea level, One Brickell City...more

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The...more

El mercado estadounidense de P3 está maduro para crecer

Con una infraestructura obsoleta y escasez presupuestaria por parte del gobierno, las colaboraciones público-privadas (“P3”) han dejado de ser una idea nueva para convertirse en una opción cada vez más factible de...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

Texas Supreme Court: Protections of Governmental Immunity Remain Robust But Are Not Absolute

On April 1, 2016, the Texas Supreme Court, in Houston Belt & Terminal Railroad Co., et al.. v. City of Houston, et al., reviewed the implementation of the City of Houston’s 2011 drainage fee ordinance. ...more

U.S. P3 Market is Ripe for Growth

With an aging infrastructure and government budgetary shortfalls, the public private partnership (“P3”) has evolved from novel, to an ever more viable option in order to finance civic projects. The larger and more complex the...more

Challenge to Ordinance Prohibiting Mobile Medical Marijuana Dispensaries Goes Up in Smoke

Union of Medical Marijuana Patients, Inc. v. City of Upland (3/25/16, D069293) In 2007, the City of Upland banned both fixed and mobile medical marijuana dispensaries from any zone within the City’s limits. Presumably...more

Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New Mexico on limited public projects,...more

Will Hillsborough County Adopt Mobility Fees in April?

Part of the years-long transportation funding debate appears to be reaching a conclusion. On March 24, Hillsborough County held a well-attended public workshop regarding implementing mobility fees, which are described as...more

U.S. Supreme Court Steers Clear of Two Eminent Domain Cases

In the last month, the U.S. Supreme Court has declined to hear appeals on two eminent domain-related cases. The first case, California Building Industry Association v. City of San Jose, is one we discussed last year....more

West Coast Real Estate Update: March 2016 #3

California's High-Speed Rail May Not Be Financially Feasible - The California Legislature's analyst released a report stating that the high-speed rail system planned for California is not economically feasible. Several...more

FAA Releases Guidelines For Local Regulation Of Drones

In the past few years unmanned aircraft systems, commonly known as drones, have grown in popularity and availability. With the proliferation of drones comes some difficult privacy and public safety questions for school...more

Yucaipa Latest California City to Replace Stop Signs with Roundabouts

We have seen a trend where local agencies are choosing to replace stop-sign and signal controlled intersections with roundabouts. The concept is not new; we see them throughout Europe and on the East Coast. But until...more

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