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California Land Use Blog

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CEQA Bill to Protect Native American Cultural Resources Creates New Challenges and Opportunities for Project Applicants

On September 25, 2014, Governor Brown signed Assembly Bill 52 (“AB 52”), which modifies the California Environmental Quality Act (“CEQA”) to add new protections for Native American cultural resources and enhances the role of Native American tribes in the environmental review process. AB 52 is a significant amendment to CEQA…

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JMBM Named as a 2015 Best Law Firm in Land Use and Zoning Law for Third Year in a Row

JMBM Named as a 2015 Best Law Firm in Land Use and Zoning Law JMBM’s Land Use Group Recognized for Third Year in a Row LOS ANGELES – Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce it is has been named a 2015 Best Law Firm by…

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Downtown Los Angeles Real Estate is Taking Off

by Benjamin M. Reznik Once considered an area of Los Angeles that had virtually nothing to do after 5pm, downtown Los Angeles is experiencing a development boom. Sure, part of it is due to the fact that our regional economy is on an upswing. But it’s more than that –…

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New Law Allows Mining Operators to Remedy Compliance Issues and Retain AB 3098 List Status

by Kerry Shapiro This article was first published in The Conveyor, a publication of the California Construction and Industrial Materials Association. Mining companies are subject to myriad requirements under the Surface Mining and Reclamation Act (SMARA) and implementing regulations that can trip up even the most diligent of operators from…

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Bowman v. California Coastal Commission: New California Court of Appeal Decision Holds that a Collateral Attack is no Substitute for Challenging a Condition Imposed upon the Issuance of a Quasi-Judicial Permit through a Direct Appeal

By Matthew Hinks Sometimes in land use law, the most impactful court holdings come from the simplest of cases. That may be the situation with the new California Court of Appeal decision in Bowman v. California Coastal Commission, issued by the court on March 18, 2014. Factual Background Walton Emmick…

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Property Reserve, Inc. v. Superior Court: California Property Owners Secure Victory in New Eminent Domain Opinion

By Matthew Hinks In a victory for California property owners, the California Court of Appeal, on March 13, 2014, issued a new opinion holding that the State of California’s proposed entry onto hundreds of properties in Northern California for geological and environmental testing amounted to a taking under the state…

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SB 1270 Proposes Significant California Mining Reform

by Kerry Shapiro, Esq. The recent submittal of significant proposed revisions to California’s mining law, the Surface Mining and Reclamation Act (“SMARA”), signals potentially broad-reaching changes to the statute. On February 21, 2014, Senator Fran Pavely (D) introduced SB 1270, a bill proposing to overhaul various sections of SMARA. SB…

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Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City’s Erroneous Interpretation of an Ordinance At Odds with its Historical Practice is Entitled to No Deference

By Matthew Hinks JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court’s published opinion will come as welcome relief to property owners who got caught in the bureaucratic mire when the…

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Appellate Court Rules in Favor of Saudi Prince in Benedict Canyon Case

Appellate Court Rules in Favor of Saudi Prince in Benedict Canyon Case Rejects arguments that ordinance requires environmental review In the much publicized case of a Saudi Prince seeking to build his residential estate, a unanimous three-judge panel of the Court of Appeal published a decision in which it affirmed…

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New California Court of Appeal Opinion Holds That Supreme Court’s Seminal Nollan and Dolan Opinions do Not Apply Where a Permit Condition Does Not Otherwise Constitute a Taking

By Matthew Hinks The well-known “nexus” and “rough proportionality” tests from the United States Supreme Court’s opinions in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994) do not apply where a condition to issuance of a building permit does…

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