CP&DR - Articles

Acquisition of Open Space Becoming Method to Manage Growth

Nov 1, 2001

Insight, Vol. 16 No. 11 Nov 2001, William Fulton

Just in time for the recession, California's voters are going to take a crack at another parks and open space bond in March.

Antiquated Subdivisions Ruled Invalid by Appellate Court

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

In the clearest decision to date on antiquated subdivisions, the First District Court of Appeal has ruled that subdivision maps recorded prior to the first version of the Subdivision Map Act in 1893 do not create legal parcels.

Slim Endangered Species Act Budget Lies at Heart of Recent Truce

Nov 1, 2001

Environment Watch, Paul Shigley, Vol. 16 No. 11 Nov 2001

It was surprising news when the Center for Biological Diversity announced it had signed an out-of-court agreement regarding endangered species with its longtime adversaries at the U.S. Fish & Wildlife Service. With a decade-long winning streak in court, the Tucson-based Center has become arguably the most important entity in the Endangered Species Act debate. Why wouldn't the organization want to continue kicking butt in court, especially since Gail Norton had replaced Bruce Babbitt as head of the Interior

Many Eyes Watch New HCD Program

Nov 1, 2001

Featured Articles, Paul Shigley, Vol. 16 No. 11 Nov 2001

A new state program intended to spur housing construction is being watched closely by planners and housing advocates. Supporters of the Jobs-Housing Balance Program believe it could spur cities and counties to approve needed housing developments, but some skeptics wonder if it will simply provide money to jurisdictions that would permit new homes anyway.

Governor Signs Bills Regarding Subdivisions, Park Bonds, Water

Nov 1, 2001

California, Legislation, Paul Shigley, Vol. 16 No. 11 Nov 2001

Gov. Gray Davis completed the legislative year by signing every high-profile planning bill that hit his desk. Davis signed a bill that severely curtails the use of lot line adjustments and certificates of compliance in creating subdivisions. He approved a three-package bill that forces a closer link between planning and water availability. The governor also signed a $2.6 billion park bond initiative that will appear on the March ballot, and a measure that allows redevelopment agencies to extend their life spans by 10 years.

Landowner Loses Bid for Payment Based on Potential Landfill Project

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

When taking property by eminent domain, a city does not have to pay for the property's value as a potential garbage dump, the Third District Court of Appeal has ruled. The court held that the farmland's value as a landfill was too speculative under eminent domain law.

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The City of Palm Springs has agreed to pay $1.2 million to a conservation organization because the city built a golf course on land donated to the city as desert preserve. The settlement apparently ends the protracted litigation between the city and the Living Desert Reserve of Palm Desert.

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

An Orange County Superior Court judge has reversed a portion of a $94.5 million judgment against the City of San Diego in an inverse condemnation case. Judge Raymond Ikola approved the city's request for a new trial on $29.2 million worth of damages related to breach of contract, but he upheld a jury's remaining $65.3 million award to businessman Roque de la Fuente II.

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The validity of a growth-control initiative in Alameda County has been upheld by a trial court. Superior Court Judge James Richardson in October issued final orders in a case filed by homebuilders over Measure D, which voters approved in November 2000 (see CP&DR, December 2000).

Legal FYI

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

Farmers in the Klamath Basin of far northern California and southern Oregon have filed a $1 billion takings lawsuit against the U.S. Bureau of Reclamation over the government's decision to greatly reduce water delivery to farms in the area (see CP&DR Environment Watch, October 2001).

2001 Land Use Bills

Nov 1, 2001

Legislation, Paul Shigley, Vol. 16 No. 11 Nov 2001

A digest of the fate of the sundry land use bills that crossed passed the governor's desk in 2001. A predominant proportion of the bills that made it to Gov. Davis' desk were signed into law.

Building Industry Allowed to Defend Suit Over San Diego Plan

Nov 1, 2001

Legal Digest, other, Vol. 16 No. 11 Nov 2001

The Ninth Circuit Court of Appeals has allowed members of the building industry to intervene in a lawsuit that environmentalists filed regarding the San Diego Multi-Species Conservation Program (MSCP).

Developer of Proposed Radioactive Dump Wins Right to Sue State

Oct 1, 2001

Legal Digest, other, Vol. 16 No. 10 Oct 2001

The developer of a proposed low-level radioactive waste dump near Needles has won the right to sue the State of California for damages.

Tribe Wins Timber Regulation Case

Oct 1, 2001

Legal Digest, other, Vol. 15 No. 10 Oct 2000

An en banc panel of the Ninth U.S. District Court of Appeals has upheld an Indian tribe's right to regulate timber harvesting on privately owned land within an Indian reservation. The ruling was a reversal of a ruling issued last year by a three-judge panel of the Ninth Circuit, and an affirmation of the district court's original decision (see CP&DR Legal Digest, November 2000).