Constitutional Limits to Abating Homeless Encampments, and Best Practices for a Cooperative Approach
California is home to nearly one-fourth of the nation’s unhoused population, and homelessness in California continues to rise. For example, according to the U.S. Dept. of Housing and Urban Development, from 2019 to 2022, California’s unhoused population increased from approximately 151,000 to 171,000. Of the 171,000 unhoused individuals counted in 2022, 67%, or 115,000 persons, […]
Shute, Mihaly & Weinberger is pleased to announce that René Alejandro Ortega has joined the firm as a new Partner. “We are so pleased to have René join us here at Shute, Mihaly,” said Richard S. Taylor, Shute, Mihaly & Weinberger’s managing partner. “With his expertise in municipal law, housing, land use, and litigation, Rene […]
When local agencies sell or lease their surplus land to others, California’s Surplus Land Act (SLA) (Government Code sections 54220 to 24234) requires them to prioritize that land for affordable housing, open space, and school use. Agencies must let affordable housing developers, local park and recreation districts and departments, and school districts know that the […]
A Valuable Tool for Equity Due in part to a long history of unequal land use planning and discriminatory housing and industrial policies, communities of color and low-income communities bear a disproportionate burden of environmental harms. Large polluting industries tend to be sited in or near these communities, leading to higher rates of long-term health […]
SMW Partner Andrew Schwartz taught Land Use Law at UC Berkeley School of Law for the Spring Semester 2021-2022 and will repeat the class Spring Semester 2022-2023. Mr. Schwartz also teaches Land Use Law at Stanford Law School.
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.
Continuing its work with the Santa Clara Valley Open Space Authority to protect the Coyote Valley in south San Jose, the firm assisted the Authority to acquire the 10-acre Ocean Queen USA parcel, a property slated for development. The property will be added to the Coyote Valley Open Space Preserve. Read more.
SMW partner Andrew Schwartz is once again teaching Land Use Law at Stanford Law School for the fall quarter 2021-2022. The course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; affordable housing; growth […]
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.
The firm advised the City of Half Moon Bay on its 2020 Local Coastal Land Use Plan Update, which was unanimously certified by the California Coastal Commission in April 2021.