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Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions against the units or parcels within the HOA with the county recorder.
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
As noted above, the initial four codes were not fully comprehensive. As a result, California statutory law became disorganized as uncodified statutes continued to pile up in the California Statutes. After many years of on-and-off Code Commissions, the California Code Commission was finally established as a permanent government agency in 1929.
When private property is destroyed, condemned, or disposed of, the owner may receive a payment in property or money in the form of insurance or a condemnation award. [22] If property is compulsorily or involuntarily converted into money (as in eminent domain) the proceeds can be reinvested without payment of capital gains tax provided it is ...
California has a powerful tradition of popular sovereignty, which is reflected in the frequent use of initiatives to amend the state constitution, as well as the former state constitutional requirement [18] (repealed in 1966 and enacted as Government Code Section 100) that all government process shall be styled in the name of "the People of the ...
The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
Nollan v. California Coastal Commission, 483 U.S. 825 (1987), is a United States Supreme Court decision that ruled a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow unconstitutional.