Quiet Title 101: What Public Agencies Need to Know
Public agencies often hold property with complicated title histories and defects tend to surface at the worst possible moment. This article covers when quiet title litigation becomes necessary, what the process requires, and where it goes wrong, with practical guidance based on the experience of Shute, Mihaly & Weinberger attorneys.
Housing Law Guidance: Senate Bill 79 Advisories and Further Resources from HCD
Housing bills often come with interpretive challenges that can frustrate local governments. This article discusses resources from the Department of Housing and Community Development that can help guide implementation decisions, with a focus on SB 79 advisory memos and a primer for the bill’s provisions to facilitate transit-oriented development.
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 to comply with the Act’s additional steps.
California’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.
Collecting 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.
After 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[es] a reasonable relationship between the fee charged and the projected burdens” of development projects.
Filling 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.
What 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.
California 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.
Implementing Approaches After Attorney General Opined that Remote Meeting Accessibility is a Reasonable Accommodation for Public Officials With Disabilities
Last year, the state Office of the Attorney General released an opinion that paves the way for enhanced public meeting accessibility for individuals with disabilities who are members of local bodies covered by the Brown Act. This article discusses an approach that some cities are taking to implement their ADA obligations in light of the opinion.