News & Analysis as of

Subdivision by Condemnation?

Does a condemnation proceeding resulting in the physical separation of property into separate parts accomplish a “division” of property within the meaning of California’s Subdivision Map Act?...more

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a...

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson,...more

Acquiring Failed Subdivisions: The Risk of Tyrannical HOAs

Developers and builders who wish to acquire a failed developer’s residential subdivision, when there are existing homeowners in the subdivision, should BEWARE that a statutory turnover of HOA control may have occurred!...more

2015 Hurricane Season Provides Opportunity to Extend Eligible Permits

If there's any good news in a hurricane or tropical storm, this is it: an officially declared state of emergency that allows permit-holders to extend their permits, as well as certain other government authorizations. Not only...more

Real Estate and Land Use - September 2015

Substance Over Form—A Refreshing Application of CEQA Analysis: City of Irvine v. County of Orange (2015) 283 Cal.App.4th 526 - Why It Matters: The Court of Appeal in City of Irvine v. County of Orange elaborated...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

Mutual Water Companies: A Water Supply Option for Multifamily and Residential Developments

With the ongoing drought in California, multifamily and residential subdivision developers who encounter difficulties in obtaining water service commitments for their projects from existing water suppliers may consider...more

Subdividing Land

When we think of subdivisions, we generally think of large housing estates with a house on each lot, but technically the subdivision of land means the creation of saleable lots by splitting a tract into smaller parcels....more

No Tax on Subdivision

A panel of the Commonwealth Court held that taxpayers could not be reassessed when they subdivided a parcel into two parcels but retained title. Raup v. Dauphin County Board of Assessment Appeals, No. 237 C.D. 2014 (Pa....more

N.C. Court of Appeals: Limitations Period Does Not Apply to Local Government Enforcement of Subdivision Performance Bonds

A post-Great Recession treat, the North Carolina Court of Appeals affirmed today a ruling that the Town of Black Mountain is entitled to enforce subdivision performance bonds originally in the name of Buncombe County, after...more

Real Estate and Land Use - November 2014

Change of Heart – Court of Appeal Reverses Opinion in Bowman v. California Coastal Commission - Why it matters: The court in Bowman originally held that a permit condition could not be modified or deleted by a second...more

Appellate Court Decision Raises New Issues in Detachment Petition Proceedings

In 2012, residents of the Lancaster subdivision in Waukegan filed a petition with the Regional Board of School Trustees of Lake County to detach from the boundaries of their current school districts and annex into the...more

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

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

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

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

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