Updates and Articles
Navigating the Surplus Land Act for Property of Historic, Open-Space, or Recreational Importance
When a local agency disposes of government-owned real property, it must comply with the Surplus Land Act. Certain transactions are exempt, but agencies must also consider exceptions to the exemptions for lands with certain historic characteristics, located in the coastal zone, adjacent to the State Parks System, or in the Lake Tahoe region. In these areas, agencies should build additional time into the disposition timeline...
Read MoreCalifornia’s 2025 ADU Legislation: What Local Agencies Need to Know
Have you reached ADU fatigue? You're not alone! California's 2025 legislative session brought four new bills that all local agencies should know about. From emergency protocols to HCD’s new requirement that could void your local ordinance, to JADU game-changers, here's a summary of the highlights.
Read MoreCollecting Delinquent Charges on the County Tax Roll when Ratepayers Don’t Pay on Time
Public agencies frequently place liens on private owners’ property as part of code enforcement or nuisance abatement proceedings. Although it is not as well known, state law also provides a similar process for many public agencies to place delinquent charges, fees, and assessments for collection on the county tax roll when ratepayers don’t make their payments on time.
Read MoreNew Year’s Greetings from Shute, Mihaly & Weinberger
As we look ahead to 2026, we’re feeling grateful for all the wonderful clients and colleagues we worked with last year and the opportunities we had to do good work and support good causes. The firm made charitable contributions to numerous organizations this year whose work inspires us.
Read MoreBest Lawyers Names Shute, Mihaly & Weinberger to 2026 Best Law Firms List
Shute, Mihaly & Weinberger has been recognized for excellence in the 2026 edition Best Law Firms rankings. Best Lawyers, a peer-reviewed guide to lawyers and law firms in the U.S. and internationally, has once again recognized Shute, Mihaly & Weinberger as a Best Law Firm. The firm was previously recognized in 2025, 2024, 2022, and 2020. For the second year in a row, the firm received the highly prestigious...
Read MoreMatthew Zinn Invited to Join California Academy of Appellate Lawyers
Shute, Mihaly & Weinberger partner Matt Zinn has been admitted to the California Academy of Appellate Lawyers. Founded in 1972, the Academy is the nation’s oldest lawyers’ organization dedicated to appellate practice. New members are invited to join based on their contributions to appellate law and commitment to effective appellate practice. Academy members are frequently counsel of record in the most complex and...
Read MoreAfter a Trip to SCOTUS and Back, El Dorado County’s Traffic Mitigation Fee Is Still Not a Taking
After review by the US Supreme Court, California’s Third Appellate District held that the traffic mitigation fee the County of El Dorado imposes on new development projects is not an unconstitutional taking. The court held that category- or formula-based fees can be imposed provided fees are developed using a “valid method” that “establish a reasonable relationship between the fee charged and the projected burdens” of...
Read MoreFilling a Vacancy on the City Council
When a member of the City Council resigns, retires, or passes away, the position is left vacant. This article explains how to navigate the process of filling the vacancy while also complying with state law and avoiding potential pitfalls.
Read MoreSMW Partner Richard Taylor Named a Lawyer of the Year; Eight SMW Attorneys Again Named to Best Lawyers in America List
Shute, Mihaly & Weinberger partner Richard S. Taylor has received the prestigious “2026 Lawyer of the Year” designation from the Best Lawyers Awards. This award is presented to a single lawyer in each practice area and geographic region. Mr. Taylor received this recognition for the environmental litigation practice area, in the San Francisco region. Mr. Taylor joined the firm in 1991. His primary practice areas...
Read MoreWhat Now? Opportunities remain for local government building code changes after AB 130
AB 130 put the brakes on many local residential building code changes, but there are still opportunities for local governments to adopt modifications to the state building code. This article provides guidance for cities and counties pursuing such efforts via the exceptions in the new law.
Read MoreTahoe Champion and SMW Co-Founder Clem Shute Honored with Dianne Feinstein Award
Clem Shute, a founding partner of Shute, Mihaly & Weinberger, has received the prestigious Dianne Feinstein Award. Much of the work for which Shute was recognized with this award was done during his decades at the firm. The news release below, from the Tahoe Regional Planning Agency, has the details.
Read MoreCalifornia Enacts Major Changes to CEQA and State Housing Laws
Governor Newsom recently signed two bills that include wide-ranging changes to the California Environmental Quality Act (CEQA) and notable amendments to state housing laws. This article summarizes these changes, which are effective now. The new laws will significantly change how public agencies, developers, and community groups engage with state and local permitting processes.
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