2008 Alerts

Appellate Court Limits Recognition of Older Subdivisions
August 27, 2008

It once thought that California's Subdivision Map Act's grandfather clause gave legal recognition to any lot depicted on an old subdivision map so long as that map complied with, or was exempt from, the subdivision laws in effect at the time. That belief is no longer true as in recent years the courts have narrowed the scope of the Map Act's grandfather clause. Read more.

California Extends Life of Subdivision Maps
July 18, 2008

Senate Bill 1185, signed into law on July 15, 2008, extends the expiration date of any approved tentative or vesting tentative subdivision map or parcel map set to expire on July 15 or later by one year. The bill also gives local governments the discretion to extend the life of tentative maps for an additional year beyond the automatic extension.  Read more.

California Enacts New Foreclosure Protection Law
July 14, 2008

On July 8, 2008, Governor Schwarzenegger signed into law Senate Bill 1137. The new law, effective immediately, substantially changes the procedures lenders and servicers are required to follow prior to foreclosing on mortgages on owner-occupied residences made between January 1, 2003 and December 31, 2007. Read more.

2007 Alerts

Holdover Tenants May Be Liable To Incoming Tenants
April 20, 2007

A recent ruling potentially adds a new layer of protection for landlords. Read more.

Challenge to California Taxes on Limited Liability Companies
January 29, 2007

A recent California Superior Court decision found that California’s taxes on the gross receipts of limited liability companies is unconstitutional. Read more.

Care in Drafting Contracts to Comply with State Map Act
January 22, 2007

Developers intending to enter purchase and sales agreements for portions of land not already subdivided must take great care in the drafting of those agreements.  Read more.

2006 Alerts

Branciforte Heights v. Santa Cruz: City May Deny Open Space Credit Against Parkland Dedication Requirements
May 25, 2006

In what will come as a surprise to many California developers, the Court of Appeal for the Sixth District ruled last month that the Quimby Act’s provision that private open space “shall be eligible” for a credit against parkland dedication is only discretionary, not mandatory, with the local agency charged with implementing the Act. Branciforte Heights, LLC. v. City of Santa Cruz, 138 Cal.App.4th 914 (2006). Read more.

Supreme Court Limits Developer’s Remedies in Challenge to Building Permit Fees
April 19, 2006

The California Supreme Court issued its decision in Barratt American, Inc. v. City of Rancho Cucamonga, 37 Cal. 4th 685 (2005), a case closely watched by the building industry, in which a home builder sued a city for charging excessive fees for building permits and inspections.  Read more.

2005 Alerts

Supreme Court Removes Obstacle to Land Use Challenges
November 18, 2005

In Travis v. County of Santa Cruz, 33 Cal. 4th 757 (2004), the California Supreme Court removed a significant procedural obstacle to developers attempting to challenge certain development conditions or exactions. Read more.