Real Estate Law and Land Use Regulations in California
California land use regulation is notoriously complex even though the market opportunities are significant for both investors and end-users. There are new and changing regulations applicable to California properties that must be considered and addressed when you are entering into a real estate transaction.
It is important to work with an experienced land use attorney to guide you through the complex maze of these regulations and provide the right legal advice on every aspect of your project.
Land Use Laws in California
There are several different laws in California that apply to land use at the federal, local, and state levels. These laws basically dictate the manner in which a specified use is allowed for different structures and purposes. You can identify permit and zoning regulations by utilizing an attorney. You can also address any issues you may have with permits.
It’s critical that local land use decisions are consistent with the general plans of a community, such as public works, use permits, subdivision approvals, and zoning. General plans obtain meaning and purpose with this requirement for vertical consistency. State government public works projects and permit decisions usually have sovereign immunity, which means they don’t need to follow local general plans.
Special districts and school districts are allowed by state law to override city and county general plans and zoning for carrying out their own public works projects. It’s best that you work with an attorney that offers experienced advocacy before regulatory boards, city councils, and commissions on your behalf.
Regulations When Handling Environmental Matters
Environmental matters related to real estate and land use are usually complicated. They generally involve different statutes, political concerns, case laws, and ordinances. Land use attorneys can help you stay on top of things in this ever-changing fabric. They will use their knowledge to advance your interests and get the results you are looking for.
It’s critical that you have the necessary tools and resources to manage and resolve any environment-related land use matter. This includes disputes as well. In California, local and state agencies are required to analyze and identify the potential environmental impact of a proposed project as part of the California Environmental Quality Act.
Real Estate and Land Use Regulatory Compliance
You should get proactive counsel if you have been accused of non-compliance in land use matters. These are a few environmental regulations you should be familiar with:
- The National Environmental Policy Act
- Proposition 65
- The California Environmental Quality Act
Land Use and Litigation
It can be difficult to reach an amicable solution in some instances involving land use. Your case may need to be litigated in such situations. You should find top-rated representation for all your litigation issues.
The attorneys you consult with should have a deep understanding of eminent domain, regulatory takings, inverse condemnation, and California Coastal Commission violations among others.
Dealing With Condemnation in California
Condemnation occurs when a state, local, or federal government takes over privately-owned property by remunerating the owner. The government is allowed to do this for public use through eminent domain. You will receive a payment for your property.
But just because the government wants your property, doesn’t mean you need to approve the sale. You should speak with an attorney as soon as possible if you receive a notice of eminent domain.
Your attorney will use their experience in land development litigation to create a solid strategy for opposing the eminent domain. They will also help you determine a fair dollar amount for compensation if there is no way to stop eminent domain from being asserted.
The government can use eminent domain to take property for building schools, railroads, roads, and other public use projects. The government can also seize private property to help facilitate other private projects. This is not commonly known. For instance, the government may purchase land if there is a housing shortage in order to create condominiums and apartments.
Land deterioration is another reason for the government to purchase private property. And this can also be done without the property owner’s approval in some instances. This is another case in which it is important to speak with an experienced California land use attorney.
Legal Help is Here from Reputable Real Estate Attorneys in California
The attorneys at Peterson, Martin & Reynolds LLP have a deep legal understanding and the extensive experience needed to enable clients to overcome land use and development hurdles. Our attorneys have achieved proven results with cases involving eminent domain and other issues related to land use.
We work in a strategic and timely manner to help you accomplish your goals. Call us at (415) 399-2900 or write to us online to set up your free initial consultation with one of our attorneys.