In this issue
| Recent Legal Developments |
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Legal Update: California Supreme Court Strikes Down Redevelopment Agency Legislation |
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Legal Update: FHA Anti-Flipping Waiver Extended through 2012 |
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Legal Update: Proposed Department of Real Estate Changes in Governor’s Budget |
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Case Alert: Property Owner Defeats City's Spot Zoning in Avenida San Juan Partnership v. City of San Clemente |
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Fair Housing Corner, by Susan Saylor |
| Upcoming Educational Programs |
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Webinar: The Dos and Don’ts of Consumer Product Labeling in California, January 24, 2012, 12-1 p.m. |
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Webinar: Recent Developments in Fair Housing: Criminal Background Checks, Domestic Violence and Medical Marijuana, January 25, 2012, 12-1:30 p.m. |
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Webinar and In-Person Workshop: Hydraulic Fracturing & Permitting - What You Need to Know about "Fracking" and What's at Stake in California, Friday, February 3, 2012, 12 p.m. - 1p.m. Pacific Time. |
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Register Now: Real Estate Lawyer Boot Camp, February 17-19, 2012 |
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Save the Date: Fair Housing and Public Accommodations Symposium, April 20, 2012 |
| Section News |
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Our Own e-Bulletin Cartoonist, Scott Miller! |
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Join the Editorial Staff of the California Real Property Journal |
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Join the Executive Committee of the Real Property Law Section |
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"Getting to Know Our Subsection Chairs," introducing Melissa A. Foster, Co-Chair of the Environmental Law Subsection |
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Set up your Facebook and Twitter Accounts. The State Bar Sections (including the Real Property Law Section and CYLA) are now on Facebook and Twitter! |
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Upcoming Programs
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Webinar: The Dos and Don’ts of Consumer Product Labeling in California, January 24, 2012, 12 p.m. – 1 p.m.
Join the Environmental Law subsection for a presentation by S. Wayne Rosenbaum and Elizabeth Cason regarding Proposition 65, the Consumer Product Safety Improvement Act of 2008 and “green” labeling requirements. Participants will be given an overview of the prohibitions and requirements of Prop 65 and the CPSIA, as well as recent developments in the enforcement and implementation of those regulatory schemes. In addition, participants will be given a discussion of “dos” and “don’ts” for making environmentally friendly and green claims for their products and services.
To attend the webinar see Prop 65.
Webinar: Recent Developments in Fair Housing: Criminal Background Checks, Domestic Violence and Medical Marijuana, January 25, 2012, 12 p.m. – 1:30 p.m.
Panelists Meliah Schultzman, Sanjay Wagle and Theresa Kitay will discuss how domestic violence affects evictions, lock changes, and tenants' rights to end their leases early, the fair housing implications of using criminal history in resident screening (including the possible application of HUD's new proposed rules on the disparate impact theory of discrimination), and landlord’s and tenant’s rights when a tenant claims that the use and/or cultivation of marijuana is necessary as a reasonable accommodation for his or her disability or illness.
Heidi Palutke of California Apartment of Association, Sacramento will moderate. 1.5 Total Participatory MCLE Credits (No Ethics).
To attend the webinar, see Recent Developments in Fair Housing.
Webinar and In-Person Workshop: Hydraulic Fracturing & Permitting - What You Need to Know about "Fracking" and What's at Stake in California, Friday, February 3, 2012, 12 p.m. - 1 p.m. Pacific Time.
Presented by Real Property Law Section-Natural Resources Subsection and the Environmental Law Section. 1.0 Total Participatory MCLE Credits (No Ethics)
James Pierce of the California Department of Conservation, which serves as legal counsel to the Division of Oil, Gas & Geothermal Resources, and Tupper Hull, Vice President of the Western States Petroleum Association, will provide information on the basics of hydrauliic fracturing, related environmental and land use issues, and regulatory and legislative efforts being undertaken at the state and federal levels to address issues in response to the use of hydraulic fracturing in oil and gas exploration. The webinar will be moderated by Eric Adair of Kronick Mokovitz Tiedemann & Girard.
The in-person option of this seminar will be hosted at Kronick Moskovitz Tiedemann & Girard (400 Capitol Mall, 27th Floor, Sacramento, CA 95814). To attend in-person, please email Lindsey Ono at Lono@kmtg.com.
To register for the webinar, see Hydraulic Fracturing & Permitting - What You Need to Know about "Fracking" and What's at Stake in California or go to www.calbar.org/online-cle and select Tele-Seminars and Webinars.
Register Now: Real Estate Lawyer Boot Camp - February 17-19, 2012
Registration is open for the Real Estate Lawyer Boot Camp February 17-19, 2012 at the beautiful Hyatt Regency Mission Bay & Marina in San Diego! Space is limited, so do not wait to sign up. This intensive 48+ hour Boot Camp includes a primer on the business and vocabulary of real estate, key considerations for lawyers in buying, financing, developing, leasing and selling real estate, negotiating deals and much more. The weekend is designed to give recent practitioners insight and education on the real estate business. As an added benefit, the Continuing Education of the Bar (CEB) will provide Boot Camp cadets free access for one year to all of its Real Property Publications online (a $1,195 value). Registration for cadets is only $1,275 which is all inclusive - room, board, materials, and more - for the weekend. Online registration is now open at
http://realpropertylaw.calbar.ca.gov/
Education/RealPropertyBootCamp.aspx.
Save the Date: Fair Housing and Public Accommodations Symposium, April 20, 2012
On April 20, 2012, the Fair Housing and Public Accommodations Subsection will host the Fourth Annual Fair Housing and Public Accommodations Symposium at the University of California, Irvine School of Law. Brad Seligman, who specializes in class action and civil rights litigation, will deliver the keynote speech. Stay tuned for more information. We look forward to seeing you on April 20, 2012! |
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Recent Legal Developments
Legal Update: California Supreme Court Strikes down Redevelopment Agency Legislation.
On December 28, 2011, the California Supreme Court announced its decision in California Redevelopment Association, et al., v. Matosantos, et al., (Case No. S194861) to uphold ABX1 26 (which dissolves redevelopment agencies), and to strike down ABX1 27 (which would have allowed agencies to continue in existence after making certain voluntary payments to the state). The implications of this decision are far-reaching. (See full article)
Legal update prepared by Gillian van Muyden, Esq. (gvanmuyden@ci.glendale.ca.us), General Counsel of the Glendale Redevelopment Agency.
Legal Update: FHA Anti-Flipping Waiver Extended Through 2012.
In December, the U.S. Department of Housing and Urban Development (HUD) announced that the Federal Housing Administration (FHA) will extend its "anti-flipping" regulation waiver through calendar year 2012, making mortgages on single family properties eligible for FHA financing which are resold within ninety (90) days of previous acquisition. (See full article)
Legal update prepared by David Fu, Esq. (david@davidfuesq.com) of David Fu and Associates.
Legal Update: Proposed Department of Real Estate Changes In Governor's Budget
Governor Jerry Brown's Budget Summary for 2012-2013 includes a proposal to reorganize state government to eliminate and consolidate agencies, departments and programs, eliminating unnecessary boards, commissioner and advisory groups. The proposal includes a plan to eliminate the Department of Real Estate and the Office of Real Estate Appraisers and placing both as bureaus under the Department of Consumer Affairs. The governor’s proposed budget still needs to be debated by the Legislature, and his administration will release an updated version of the budget in May. The deadline to have a budget timely passed by lawmakers and signed by Governor Brown is June 30.
Legal update prepared by Mary Work (mary@dredefenselawyer.com) of the Law Offices of Mary E. Work, Esq.
Case Alert: Property Owner Defeats City's Spot Zoning in Avenida San Juan Partnership v. City of San Clemente, 2011 Cal. App. LEXIS 1564
In this case, the property owner prevailed at trial on a writ of mandate challenge and an inverse condemnation claim based on the city's refusal to lift a discriminatory zoning restriction in connection with an application for a development permit and the City appealed. The Court of Appeal upheld the judgment, as the record contained substantial evidence of "spot zoning" and that the city acted in an arbitrary and capricious manner in refusing to lift a zoning restriction that worked a "peculiar hardship" on the property. The Court of Appeal reaffirmed that property owners can sue for partial regulatory takings. (See full article)
Case alert prepared by Karyn A. McCreary (kmccreary@swdlaw.net) of Sullivan, Workman & Dee, LLP in Los Angeles.
Fair Housing Corner, by Susan Saylor
Fair Housing Corner is a quarterly column prepared by Susan Saylor. Ms. Saylor litigates civil rights cases for the California Department of Fair Employment and Housing (DFEH), and is working on an upcoming practice guide on fair housing and public accommodation. www.dfeh.ca.gov
When a seller insists on displaying religious icons throughout her home, what is a real estate agent to do? Should the real estate agent representing the homeowner insist that the religious iconography be removed from the home before it is shown? How to manage the religious preferences of homebuyers and sellers without violating fair housing laws. (See full article)
Section News
Our Own e-Bulletin Cartoonist, Scott Miller!
We are delighted to publish legal cartoons from one of our own—Scott Miller. Scott is Of Counsel to Dudnick Detwiler Rivin & Stikker LLP in San Francisco. His practice focuses on commercial real estate and environmental law. Check out http://www.blurb.com/bookstore/
detail/2646318 to order Scott’s book on real estate cartoons, entitled A New Lease on Life. Scott can be contacted at miller@ddrs.com.
Organic negotiation of a green lease.
© 2012 Scott H. Miller
Join the Editorial Staff of the California Real Property Journal
The California Real Property Journal is currently seeking editors for 2013-2014. Positions are available for managing editors, issue editors, and article editors. Managing and issue editors typically serve for a two-year term, while article editors assist as needed with articles in their areas of expertise. Make this your year! Show your interest and support. For more information, please send an email to randall.block@sedgwicklaw.com.
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Section News (continued)
Join the Executive Committee of the Real Property Law Section
The Executive Committee for the Real Property Law Section of the State Bar of California is accepting applications for new members. The deadline for 2012 applications is February 1, 2012. For more information about section activities or questions, please see the Real Property Law Section website at http://realpropertylaw.calbar.ca.gov. For information about the application process and to apply for the Executive Committee, see Appointments.
Getting to Know Our Subsection Chairs
 This month’s Subsection Chair features Melissa A. Foster, Co-Chair of the Environmental Law Subsection of the RPLS. Missy is an associate at Stoel Rives LLP in Sacramento and focuses her practice on thermal, solar, and wind energy facility siting and due diligence, with a particular emphasis on water quality issues. Since graduating from the University of Oregon School of Law in 2003, Missy has been involved in various litigation matters involving CEQA, the Clean Water Act, and the Clean Air Act, but over the latter half of her career has narrowed her practice to focus on the regulatory side of the coin, with an emphasis on an administrative practice before the California Energy Commission. Missy engages in all aspects of facility siting before the Commission, and advises clients both regarding the Commission’s Application for Certification proceedings and in amending existing CEC licenses. Missy also regularly conducts environmental due diligence related to project financing for thermal, solar, and wind energy facilities and advises clients regarding both Regional Water Quality Control Board and EPA-led enforcement actions.
Missy lives in Davis with her husband Danny, a litigator and avid runner, their 14-month old daughter Hadley Bebhinn, and their golden retriever Pilsner. In her very limited spare time, Missy enjoys traveling (her favorite city in the United States is Portland, Maine), reading, craft beers, and Oregon Ducks football.
Missy welcomes any suggestions for improving the Subsection, including topics, potential authors for Webinars, other presentations and articles, and networking. You can reach Missy at mafoster@stoel.com or at 916-319-4673.
Set up your Facebook and Twitter Accounts. The State Bar Sections (including the Real Property Law Section and CYLA) are now on Facebook and Twitter!
Social media, anyone? The State Bar Sections (which include the Real Property Law Section) and the California Young Lawyers Association (CYLA) now have a page on Facebook and a new Twitter account, where we can keep you up-to-date on our latest news and events. Do not delay! Set up your accounts now.
We're also looking forward to interacting with a wider community and reaching out to people who are not currently members.
We invite you to "Like" us and follow our "Tweets."
And by the way, the CYLA definition of "young" is any California attorney under the age of 36 or in their first five years of practice. |
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Thank you for being a part of the Real Property Law Section. The section is committed to providing relevant real estate practice information and materials for our members. Besides publishing the superb quarterly California Real Property Journal, the section organizes dozens of live programs, including the Annual Retreat, the "Boot Camp" program, Cyber Institute, and the State Bar Annual Meeting. These periodic e-mails are being sent to you because you are a member of the State Bar of California Real Property Law Section. For more information about the Real Property Law Section, please see the section's website: realpropertylaw.calbar.ca.gov/.
The statements and opinions herein are those of the contributors and not necessarily those of the State Bar of California, the Real Property Law Section, or any government body. This publication is designed to provide information in regard to the subject matter covered and is made available with the understanding that the publisher is not engaged in rendering legal or professional services. If legal advice or expert assistance is required, the services of a competent professional should be sought. |
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