Articles

Court have issued four recent court decisions regarding eminent domain that suggest that acquiring property through eminent domain is an increasingly costly prospect for the government. None of the four decisions addressed whether the government had the right to take the property in question. Rather, the cases dealt with procedure and valuation.

The Sacramento-San Joaquin Delta is one of the biggest ecological train wrecks in the nation, the focal point of a tectonic smash-up between human needs and natural dynamics. In consequence, it also has become perhaps the most-studied and squabbled-over body of water in the West. The latest contributions to that voluminous body of work are the final report of a governor-appointed "Blue Ribbon Task Force," and a federal court ruling.

The California housing market crashed during 2007, and only true optimists and a handful of industry groups predict a turnaround this year. The halcyon days of the housing boom already seem like a long ways away.

But while the downturn has reached nearly every corner of the state, some markets are stronger than others. In particular, exurban markets are weak, while urban markets focused on infill development are relatively strong.

An appellate court has blocked a controversial subdivision at the eastern base of Mt. Whitney because the project's environmental impact report did not adequately consider a potential land swap between the developer and the Bureau of Land Management.

An initiative that would prevent the use of eminent domain for economic development purposes and ban local rent control laws has qualified for the June ballot. The Howard Jarvis Taxpayers Association and the California Farm Bureau Federation are the primary proponents. In addition, a competing, more limited measure that would prohibit the taking of owner-occupied, single-family houses for economic development has also qualified for the same June ballot.

A county cannot employ a development agreement to permit a use not otherwise allowed by zoning, the Fifth District Court of Appeal has ruled. The court said Tuolumne County could not use a development agreement allowing one agricultural property owner to conduct weddings and other events that are not allowed by the applicable zoning district and county zoning ordinance.

The Humboldt County district attorney cannot sue Pacific Lumber Company for allegedly submitting false information during the state's processing of an environmental impact report and sustainable logging plan, the First District Court of Appeal has ruled.

The court ruled that the district attorney's lawsuit was blocked by a section of the state Civil Code and by the Noerr-Pennington doctrine, which protects lobbying and petitioning activities. The court did not rule on the legitimacy of Pacific Lumber's allegedly fraudulent statements.

If California is truly going to reduce — in a meaningful way — its emission of the gases that contribute to global climate change, the state must change how it uses land.
That is the inescapable conclusion of virtually everyone who has analyzed the situation. But nearly every detail regarding how, when and who decides remains extremely uncertain at the start of 2008.

Has climate change lit a fire under California's professional planners, and if so, how much impact will they have on the climate change debate?

State bond money and local tax dollars are flowing into new school construction at record rates, and school officials are learning that a "green" campus is both better for students and teachers and is less expensive to operate.

Many things have improved in the past 30 years. Examples are the quality of digital cameras, the design of camping tents and the critical standing of comic books. Others have gotten worse, such as gasoline prices, the narrowing separation between church and state and the reputation of postmodern architecture. But - has sustainable planning gotten better or worse?

Marin County has adopted a new general plan that emphasizes "sustainable communities" and reflects a strong concern about global climate change. Although the Board of Supervisors adopted the Marin Countywide Plan only in November, there is already evidence the plan could serve as a model for other jurisdictions in California and across the country.