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California Environmental Quality Act Easements

Downey Brand LLP

Harm to Public Interest in Informed Decision-making Can Tip the Scales When Courts Weigh Preliminary Injunctions

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In Tulare Lake Canal Company v. Stratford Public Utility District (2023) 92 Cal.App.5th 380, the Fifth District Court of Appeal reversed and remanded a trial court order denying a preliminary injunction to halt the...more

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

Miller Starr Regalia on

In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more

Perkins Coie

Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?

Perkins Coie on

In 2018, the CEQA Guideline which defines the term “mitigation” was amended to add “conservation easements” to the list of measures that can provide “compensatory” mitigation for an environmental impact. Guideline §15370(e)....more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

Perkins Coie on

The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Miller Starr Regalia

Justice Scalia’s Enduring CEQA and Land Use Law Legacy

Miller Starr Regalia on

With the February 13 passing of U.S. Supreme Court Associate Justice Antonin Scalia, American jurisprudence lost an intellectual giant. But Justice Scalia will not be forgotten; the legacy of his life’s work lives on. While...more

Manatt, Phelps & Phillips, LLP

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

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