In Property Reserve, Inc. v. Super. Ct. of San Joaquin County, the Third District Court of Appeal ruled that if the State intends to acquire an interest in private property directly, “no matter how small an interest, the California Constitution requires it to initiate a condemnation suit that provides the affected landowner with all
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Under the Brown Act, a Planning Commission’s Adoption of a CEQA Document is a Distinct Item of Business that Must be Expressly Disclosed on the Agenda
By Christopher Tom on
Posted in CEQA, Public Agencies
The Ralph M. Brown Act requires a legislative body of a local agency to post, at least 72 hours before a regular meeting, an agenda containing a “brief general description of each item of business to be transacted or discussed at the meeting.” A recent appellate court decision clarifies that a local agency seeking to…
Under CEQA Non-Prejudicial Errors Do Not Invalidate an EIR.
By Christopher Tom on
Posted in CEQA
The County of Siskiyou certified an Environmental Impact Report for a project to expand an existing manufacturing facility to accommodate a cogeneration power plant housed on one acre of a 300-acre site. Environmental groups claimed the EIR violated CEQA by failing to include adequate project alternatives and failing to fully disclose, analyze, and mitigate the …
Mobile Home Park Owners Not Constitutionally Entitled to Receive Market Rate Rent
By Christopher Tom on
Posted in Exactions and Assessments
Mobile home park owners were not entitled to raise rents to market rates under the terms of the city’s rent control ordinance or the constitution, even though those rates may not be “excessive,” according to the court in Besaro Mobile Home Park v. City of Fremont.
The city denied the park owners’ request for…