News & Analysis as of

Public Agencies

2018 California Public Agency Laws – Part III - Cannabis, LAFCO Law and a Round Up of Other New Laws Impacting Public Agencies

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

2018 California Public Agency Laws – Part II - Housing and Land Use, Environment, Public Property/Public Works and Economic...

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

by Best Best & Krieger LLP on

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

CPUC Reopens TOU Grandfathering Grace Period Eligibility - Public Agencies Must Submit Application by Dec. 31

by Best Best & Krieger LLP on

The California Public Utilities Commission recently approved a proposal to re-open the application period for public agencies with solar projects under development to qualify for time-of-use rate grandfathering protections....more

Court Issues New Opinion on Regulatory Takings and “Klopping” Damages

Inverse condemnation is the flip-side of eminent domain. With eminent domain, a public agency files a lawsuit to condemn (takes ownership of) a particular property interest and must pay the owner “just compensation.” With...more

The Art of Reduction: OPEB Costs, Commitments

by Best Best & Krieger LLP on

California’s gap between promised employee benefits and available cash is wide and ever expanding. Ballooning pension costs and rising deficits are often in the spotlight. But commitments that California’s governing bodies...more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

Bill 27: Expansion of the Conflicts of Interest Act to Public Agencies

by Field Law on

Bill 27 passed first reading in the Alberta Legislature on November 8, 2017. If passed, the legislation will amend the Conflicts of Interest Act (the "Act"), and expand its coverage to include public agencies, boards and...more

The Little Hoover Commission Issues Report on Special Districts

by Best Best & Krieger LLP on

The Little Hoover Commission released its highly anticipated report entitled “Special Districts: Improving Oversight & Transparency” last week. This was the Commission’s first look at special districts since it last studied...more

When Condemnation Actions Go Wrong

by Nossaman LLP on

In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more

Connections the Key for Resolving CalPERS Issues - BB&K Partner Isabel Safie Helped Two Public Agencies Overcome Problems

by Best Best & Krieger LLP on

Best Best & Krieger LLP Partner Isabel Safie recently represented two special district clients in mitigating potential negative impacts related to CalPERS findings....more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

by Perkins Coie on

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor...more

The Little Hoover Commission Issues Report on Special Districts

by Best Best & Krieger LLP on

The Little Hoover Commission released its highly anticipated report entitled “Special Districts: Improving Oversight & Transparency” last week. This was the Commission’s first look at special districts since it last studied...more

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less...

by Best Best & Krieger LLP on

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus...more

Sixth Circuit Overturns FCC Cable Order - Partner Joseph Van Eaton Represented a Coalition of Communities

by Best Best & Krieger LLP on

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed by the U.S. Sixth Circuit Court of Appeals. The case is Montgomery County v. FCC, which had its genesis in an FCC...more

Ruling Leaves Local Public Agencies Open to Legal Actions Asserting Wasteful Government Spending by Non Property Owners

by Best Best & Krieger LLP on

Cherrity Weatherford, who was a resident of the City of San Rafael in Marin County, rented (but did not own) property in the City. Although Weatherford’s vehicle was not impounded, she nonetheless took issue with the City’s...more

Calif. AG Says SB 415 Applies to Charter Cities and Local School Districts Governed by Charter Cities - California Voter...

by Best Best & Krieger LLP on

Last week, Attorney General Xavier Becerra opined that the California Voter Participation Rights Act, also known as SB 415, applies to charter cities and school districts governed by charter cities. In the second opinion...more

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

by Best Best & Krieger LLP on

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws - California Supreme Court Sets New Precedent...

by Best Best & Krieger LLP on

In a watershed decision, the California Supreme Court held that independent contractors and consultants can be considered “employees” and subject to the conflict of interest provisions of Government Code 1090. This includes...more

Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

by Nossaman LLP on

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

WA Supreme Court Narrows Executive Session Real Estate Deliberations

by Perkins Coie on

The Washington Supreme Court significantly narrowed the ability of public agencies to discuss real estate deliberations in executive session. In a ruling on June 8, 2017, the court held that the Open Public Meetings Act...more

Governor Scott Signs Public Records Bill: Relief for Florida Agencies

by Rumberger Kirk & Caldwell on

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

Trail Immunity for Public Agencies Stops At the Edge of Adjacent Public Golf Course - Appellate Court Says Pasadena Can be Liable...

by Best Best & Krieger LLP on

A young child traveling in a stroller on a walkway that was part of the City of Pasadena's Rose Bowl Loop, located next to a golf course, was struck in the head by a stray golf ball and sustained a brain injury. The child’s...more

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

by Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

Finally Relief for Florida Agencies Safe Harbor with Public Records Requests

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

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