News & Analysis as of

CA Supreme Court Fifth Amendment

Gray Reed

COVID-19 v. the Constitution: The Conflict Continues

Gray Reed on

The extraordinary measures designed to slow the spread of coronavirus (COVID-19) continue to cause constitutional clashes. My last post’s opening hypothetical about members of a congregation being ticketed for attending...more

Miller Starr Regalia

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

Nossaman LLP on

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Haight Brown & Bonesteel LLP

For Whom the Bell Tolls - Only a Complete Litigation Stay Extends the Five Year Rule For Bringing a Case to Trial

On February 25, 2016 the Supreme Court of California in Gaines v. Fidelity National Title Insurance Company, et al. (Court of Appeal B244961, Superior Court Case BC361768), affirmed the lower courts’ holdings that a partial...more

Miller Starr Regalia

Don’t Miss This Deadline To File A Regulatory Takings Claim

Miller Starr Regalia on

The Court of Appeal has recently reminded land use practitioners of an important deadline when pursuing a takings claim: A takings challenge based on a land use determination must be filed within 90 days of that determination...more

Farella Braun + Martel LLP

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

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

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