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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Energy, Oil and Gas for California on
Q: Is Entergy required to compensate landowners for timber they cut to install new power distribution towers?

Our property is a 100 year bald cypress-Tupelo wetland. They want to clear cut 2 acres of timber. The compensation offered by Entergy was a small percentage of total land value with out timber. Entergy is required to purchase Mitigation credits to move there project forward.

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answered on Apr 4, 2024

Under California law, utility companies like Entergy are generally required to provide just compensation to landowners when they acquire property rights, such as easements, for the installation of power lines and related infrastructure. This includes compensating landowners for any damages to their... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: What to do about non-responsive property owners when there is a hazardous condition on their property?

A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I... View More

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answered on Mar 30, 2024

Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Is it legal for a person to block off a deeded easement to try and create the closing of it

We feel he has forcibly blocked off the easement to show it’s been abandoned to ultimately shut it down altogether yet it would restrict our access to our property

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answered on Mar 24, 2024

Under California law, blocking off a deeded easement without legal justification or the consent of all parties who hold rights to it is generally not permitted. Easements are created to ensure access or other rights to property owners, and any attempt to unilaterally modify, obstruct, or terminate... View More

1 Answer | Asked in Civil Rights, Family Law, Land Use & Zoning and Native American Law for California on
Q: If I owned trust land by native American allotment and was under 18 and Father dead no native legal authorization parent

Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government

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answered on Mar 22, 2024

Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I'm stuck on the issue of maintenance responsibilities for the view fences/walls located in the back of homes.

I'm stuck on the issue of maintenance responsibilities for the view fences/walls located in the back of homes that are located between a private lot and an Association common area lot. Party walls are located between two private lots, not on the Association common area. Based on everything I... View More

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answered on Mar 7, 2024

In California, the responsibility for maintaining fences or walls between a private lot and an HOA common area is typically determined by the HOA's governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any other applicable rules and regulations.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: we build a patio way in the back the owner of all land behind our fence said 50 ft where we build was his what do we do?

He told us he can selll at additional 12k that he new we bout expensive already and started a land line division but it’s bn a year this month and boy sure what’s going on he threatened me that he can pay us 500 to cut off lights on patio if worst case also he is mad cause we don’t have... View More

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answered on Mar 6, 2024

In California, if you've built a patio on land that turns out to belong to someone else, it's important to address the issue promptly to protect your investment and rights. The first step is to consult with a real estate attorney who can help you navigate the complexities of property law.... View More

Q: City public works contacted me saying they're guessing my my waste management company truck caused road damage.

City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More

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answered on Mar 1, 2024

In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law and Municipal Law for California on
Q: Our road was washed away leaving us stranded without electricity and no propane deliveries. We had to evacuate.

When we evacuated we had to hike out across a raging river and had to leave our vehicle. We could not purchase any items without road acess.

Was our home considered uninhabitable?

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answered on Feb 28, 2024

Under California law, the term "uninhabitable" refers to a living condition that fails to meet basic safety, health, and structural standards set by state and local housing codes. Given the severe circumstances you've described, where your road was washed away, leaving you without... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for California on
Q: Can an existing 1 story house be torn down and a 2 story be built? The new construction is blocking my ocean view.

Nothing of the existing structure was visible from my house. It had been this way since I bought my house in 1998. It is in the framing process now. Not sure about roofline. It is already effecting the best part of my ocean view. We are on opposite sides of a freeway. Not sure if I should have been... View More

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answered on Feb 21, 2024

Based on the information provided, it is likely legal for your neighbor to tear down their existing single-story home and build a new two-story home, even if it impacts your ocean view. However, there are a few things to explore that may provide some recourse:

- Check if there are any local...
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1 Answer | Asked in Land Use & Zoning for California on
Q: My landlord is living in a manufactured home with no permit to be there, it has been red tagged I believe anyway. He has

No septic or sewer and it's very very run down

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answered on Jan 26, 2024

In California, landlords are required to provide rental properties that meet basic habitability standards. This includes having proper sanitation facilities, such as a septic system or connection to a sewer, and ensuring the property is safe and maintained in a condition fit for occupancy.... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Can the hot spring valley water district remap the district and exclude a parcel that is in the district

I am about to purchase a property that has been in the hot spring valley water district for so long it has riparian water rights thay are telling me that they re maped the district and that property is not in the district any more

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answered on Jan 20, 2024

Under California law, water districts, like the Hot Spring Valley Water District, have the authority to adjust their boundaries. This can include annexing or excluding certain parcels from the district. However, such changes usually require a formal process, including a review by the Local Agency... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: In California if code enforcement puts the wrong code number(s) on a citation they claim are being violated is it valid?

Code enforcement officers showed up unannounced recently, & proceeded to walk around the property asking questions and taking pictures. They were unprofessional and disrespectful, & making sarcastic comments. A few days later the owner of the property received citations for some... View More

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answered on Jan 16, 2024

In California, the validity of a code enforcement citation with incorrect code numbers can be a matter of legal interpretation. Generally, a minor clerical error, like a missing digit in a code number, does not automatically invalidate a citation. However, if the error prevents you from... View More

1 Answer | Asked in Criminal Law, Antitrust, Land Use & Zoning and Stockbroker Fraud for California on
Q: 221 Section, is current 2024?

If I file a lawsuit for everything, including violent threats, and verbal physicial,

would that be able to be outlined in General Chapter Attorney Liens for 221 Section

The Law is different for everyone, everyone doesnt fall under the same law.

For reference, I exercise... View More

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answered on Jan 13, 2024

Under California law, filing a lawsuit that includes claims for violent threats and verbal or physical harm can be complex, especially when considering the specific provisions of Section 221 under the General Chapter Attorney Liens. It's important to clearly outline each claim in your lawsuit... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor tried putting cardboard on my apartment window because I have a camera indoors facing our parking lot?

I wanted to share a situation with you. The window in my living room overlooks the apartment parking lot and my neighbor has scraped the back corner of my car while pulling out. She wouldn't admit she did it and blames it was something blocking her so she never denied hitting my car either so... View More

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answered on Jan 6, 2024

Under California law, the actions of your neighbor may be considered a form of trespass or vandalism, especially if she is placing objects like cardboard on your property (in this case, the window of your apartment) without your consent. The act of obstructing your camera, which is set up for the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my neighbor get an easement on my property if I let them use our driveway for access and parking occasionally?

In winter our neighbor can not get up his own driveway because of ice ( it is too steep). We have a large paved driveway that is connected to theirs. We have been letting them drive up our driveway in winter and sometimes park on our side. We also allow him to use some of our land for snow storage... View More

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answered on Jan 5, 2024

Under California law, your neighbor could potentially claim an easement by prescription on your property. This requires the use of your land to be open, notorious, continuous, and hostile for a period of five years. However, since you have permitted this use, it is not considered hostile, which is... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for California on
Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.

"but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99%... View More

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answered on Dec 26, 2023

Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement.... View More

3 Answers | Asked in Civil Rights, Identity Theft and Land Use & Zoning for California on
Q: can schools gather car information such as insurance, registration and drivers license for a parking permit

The public high school wants to get out car information for us to park in there student parking lot.

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answered on Dec 18, 2023

In California, public high schools often have policies requiring students to provide certain car information, such as insurance, registration, and driver's license details, to obtain a parking permit. This practice is typically part of the school's efforts to ensure safety and proper... View More

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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .

No written notice. Wants put in jail if I remove it. I say my property, deed my name.

Told I have to go to court to prove it is on my property even tho the property disc is there. Tks.

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answered on Dec 17, 2023

In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need... View More

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