Tips for Complying with the FPPC’s Revised “500 Foot Rule” Addressing When Public Officials Have a Conflict of Interest in Decisions Potentially Affecting Their Real Property
As local government officials and attorneys are no doubt aware, the Fair Political Practices Commission (FPPC) has once again changed its rule regarding property-related conflicts of interest. On January 17, 2019, the FPPC amended Regulation 18702.2, which governs whether public officials have a conflict of interest in governmental decisions potentially affecting their real property. Recent […]
Supreme Court Reaches Major Takings Decision in Knick v. Township of Scott
Photo Credit: Sunira Moses, CC BY-SA 3.0, via Wikimedia Commons On June 21, the U.S. Supreme Court decided Knick v. Township of Scott, Pennsylvania. The decision has significant implications for state and local government agencies faced with regulatory takings claims under the Fifth Amendment. (SMW filed an amicus brief in the case on behalf of eight state and […]
Top Ten Tips and Resources for Newly Elected Councilmembers
In the Public Interest extends its congratulations to newly elected city councilmembers and local public officials across the state. Many of you have worked for cities, counties, or special districts, and others are fairly new to local government. We hope all of you will benefit from this “Top 10” list of useful tips and resources […]
Shute, Mihaly & Weinberger Announces New Partners Sara Clark and Sarah Sigman
San Francisco – Shute, Mihaly & Weinberger LLP is proud to announce the addition of two new partners, Sara A. Clark and Sarah H. Sigman. Both attorneys were associates of the firm before joining the partnership. “We are excited to have Sara Clark and Sarah Sigman join our team of partners,” said Richard S. Taylor, […]
If Your Community Is Concerned About the Threat of Wildfire, Here Is Some Useful Information
Introduction The risk of wildfire is increasing in both significance and prevalence in California. Wildfire poses a significant risk to public health and safety, economies, infrastructure and natural resources. This article addresses statewide actions recently taken by the Legislature and provides additional actions that local agencies can take to reduce the risk of wildfires and […]
Ninth Circuit Provides Further Clarity on the Limits of Regulatory Takings
On April 23, 2018, in Colony Cove Properties, LLC v. City of Carson, the Ninth Circuit Court of Appeals reaffirmed the broad leeway local governments have to regulate the use of property without causing a “taking” under the under the Takings Clause of the Fifth Amendment. The court reversed a nearly $8 million jury verdict […]
SB 827 Comes . . . and Goes
In a previous edition of In the Public Interest, we provided a summary of the legislation enacted by the State in 2017 to address California’s growing housing crisis. Since then, a new, highly controversial housing bill—SB 827—has come and gone. Senator Scott Weiner introduced SB 827 in January of this year. If approved, the bill would have […]
SB 50: The Legislature Attempts to Protect National Parks, Erects New Hurdles for Local Development
The year 2017, probably like 2018 and years to come, was marked by legal conflict between the State of California and the federal government. Hidden amidst higher-profile state enactments was SB 50, a statute that looks on the surface like a mostly-procedural conservation measure but that will have substantial practical effects for many local agencies. […]
New Requirements for Local Energy Storage Permitting Processes
The State is taking numerous steps to encourage energy storage in California. Cities and counties will have important roles to play as well. Assembly Bill (AB) 546, passed last year, includes specific local permitting obligations. SMW attorney Erica McConnell provides an overview of the new law. Energy storage has sometimes been referred to as the […]
2017 Housing Law Update
It is no secret that California is in the grips of a serious housing crisis. According to one study, less than 50% of households in the state can afford housing.* Real estate prices have risen 15% since 2009, while median incomes have risen just 5%. And California has well over 100,000 residents without homes; 25% […]