Subdivision

News & Analysis as of

City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more

Environmental Review Required for Subdivision Map Approvals

On September 9, the Third District Court of Appeal held that tentative subdivision map approvals "always have at least the potential to cause" a direct or indirect physical change in the environment and thus are categorically...more

Court of Appeal Confirms Subdivision is a CEQA Project

In Rominger v. County of Colusa (2014) (September 9, 2014, C073815) __ Cal.App.4th___, the Court of Appeal reversed the trial court and held that a tentative subdivision map is a project under the California Environmental...more

Water, Water, Everywhere

Despite the lingering effects of the Great Recession on real estate, residential infill development is a popular model in Northern Virginia for the residential developer. With infill development, a developer will typically...more

Where Subdivision Access Is Uncertain, Approval of the Subdivision Must Be Contingent Upon Judicial Resolution

In the case of Shinn v. Bd. of Comm’rs of Clearwater Cnty., released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more

New Tools in the Zoning Game

As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game. On April 6, 2014, Governor McAuliffe signed SB 578 into law. The bill provides a damages remedy for applicants seeking zoning or...more

Developer's Subdivision Project for County Deemed Private Work of Improvement for Purposes of Subcontractor's Claim, Extending...

The California Court of Appeal recently held that where a developer hires a subcontractor to perform work in connection with a subdivision agreement with a public entity, the project may be considered a private work of...more

To Be or Not to Be – Subdivision Bonds Does Not a Public Works Project, Make it Be

I’ve never been much of a Shakespeare fan. I only moderately tolerated even the MTV-inspired Romeo + Juliet set in fair Verona Beach with rapiers metaphorically replaced with guns manufactured by Dagger and Sword. But...more

Los Angeles Issues New Guidelines for Designing Small Lot Subdivisions

The Los Angeles Department of City Planning Advisory Agency recently released its Small Lot Subdivision Policy and Small Lot Design Guidelines. The purpose of the guidelines is to help architects, developers, and residents...more

En Banc Ninth Circuit Will Clarify When A Subdivided Mass Action Can Be Removed Under CAFA

Back in December, we blogged about two cases in the Ninth Circuit that were the latest skirmishes in the fight over whether plaintiffs can evade removal under the Class Action Fairness Act of 2005 (“CAFA”) by artificially...more

Much Ado About Subdivision: Building on a Subdivided Lot When the Locality Never Approved the Subdivision Plat

Pop quiz: You want to purchase an undeveloped lot with the hopes of building your home on it. You hire a title company to perform the title work, which appears to come back clean. You are told your lot used to be part of a...more

Update: Attorney Fees Provision in Government Code Section 65589.5(k) is Limited to Affordable Housing Developments

An applicant who wanted to subdivide a parcel of land into residential lots sought an award of attorney fees after he sued a county’s board of supervisors and won approval of his application. The court of appeal held that...more

California Subdivision Map Extension Signed into Law - More Comprehensive than Prior Extensions; Sets Deadlines and Allows...

On July 11, 2013, Governor Brown signed into law AB 116, urgency legislation aimed at providing additional relief to California’s recovering housing and construction industries. AB 116, which became effective immediately,...more

Construction & Land Use Newsletter - December 2012

In This Newsletter: - Condemnation Changed (Permanently?) in Virginia - It’s a Family Affair: Family Subdivision Ordinances - Excerpt from It's a Family Affair: Family Subdivision Ordinances: The process of...more

It’s A Family Affair: Family Subdivision Ordinances

The process of subdividing a lot is taking one existing lot and dividing it into two or more lots. Subdividing a large lot into several smaller lots can add value to the existing property (the “Parent Lot”) and is a common...more

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