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.
Coastal Open Space Protected in Half Moon Bay
Catherine Engberg, a partner at SMW and City Attorney for Half Moon Bay, led a team of SMW lawyers to acquire nine vacant lots on a bluff overlooking the California coast for the City’s open space program.
SMW Attorney Presents at League of California Cities’ Annual City Attorneys’ Spring Conference in Carlsbad
Shute Mihaly & Weinberger partner Seph Petta moderated a panel discussion at the annual League of California Cities (CalCities) City Attorneys’ Spring Conference in Carlsbad, California. The presentation, titled “Staffing a Public Meeting: From War Stories to Your Story,” featured members of the League’s Attorney Development and Succession Committee, which is tasked with helping develop […]
SMW Serves as General Counsel to Highlands Recreation District
In 2022, the firm began serving as General Counsel to the Highlands Recreation District. The Highlands Recreation District is a Special District in the unincorporated Highlands neighborhood of San Mateo County. The District has provided exceptional recreational services since its establishment in the 1950s.
With FPPC Enforcement on the Rise, Public Agencies Navigate Gray Area in Use of Public Funds for Election Communications
Local agencies walk a fine line when producing effective informative materials for ballot measures without inadvertently ‘campaigning’. This article reviews current FPPC rules around spending public money to inform the electorate, how to steer clear of enforcement gray areas, and opportunities for the Legislature to authorize limited public agency electoral campaigns.
SB 244: Focus on Disadvantaged Unincorporated Communities in Land Use Planning
Systemic issues in land use planning have historically plagued small, low-income, unincorporated communities on the urban fringe. SB 244 took a first step to address the legal, financial, and political barriers affecting disadvantaged unincorporated communities in California. This article describes SB 244 requirements and looks at implementation progress.
How Public Agencies Can Support Beneficial Fire Use
California’s recent fire seasons have been staggeringly destructive, and are poised to worsen over upcoming decades as the impacts of climate change increase. Yet, we are not helpless. The use of beneficial fire—at the right times and in the right locations—can increase forest resiliency and reduce wildfire risk. California’s pending Strategic Plan for Expanding the Use of Beneficial Fire points public agencies in the right direction.
In Case You Missed It
Shute, Mihaly & Weinberger’s attorneys also regularly write for other publications. Some recent articles that may be of interest include: Los Angeles Lawyer Magazine: Black Lives Matter as Government Speech Daily Journal: Restoring California’s Leadership in Setting Tailpipe Emissions Standards Daily Journal: Competition and Collusion on the Road to Clean Cars ABA Environment, Energy, and […]
Recent Housing Legislation and the Initiative Power: What You Need to Know
The State Legislature’s burst of new housing legislation has significant implications for use of the initiative power. Find out more about SB10’s explicit shift of power to local legislatures and other ways in which the new laws may complicate planning and zoning initiatives.