November 2006

By Rob Hofmann

Cultural artifacts and Native American remains receive different levels of protection under state and federal law. The federal Native American Graves Protection and Repatriation Act (“NAGPRA”) (25 U.S.C. § 3001 et seq.) delineates the process for the return of Native American remains and specified cultural artifacts in the control or possession of most federally funded museums and agencies to direct descendants or affiliated tribes. NAGPRA also provides processes for handling future discoveries of remains and artifacts on federal or tribal land and imposes penalties for noncompliance and illegal trafficking. NAGPRA requires that these museums and agencies prepare inventories and summaries of all protected items in their control or possession and consult with the applicable descendants and tribes for possible repatriation or disposition. With limited exceptions, NAGPRA applies only to tribes recognized by the Bureau of Indian Affairs and recognized Native Alaskan and Hawaiian groups. Continue Reading Effective January 1, 2007, the California Legislature expands landowners’ obligation to repatriate Native American remains and associated cultural artifacts

By William W. Abbott

Older subdivision maps create a series of unique considerations. In the case of Wright v. City of Morro Bay (November 7, 2006) 2006 Cal. App. LEXIS 1752, the court wrestled with the status of a mapped but unused road. Property owners Wright and Reddell (“Wright”) owned property in the City of Morro Bay. The property was the subject of an 1888 subdivision (pre-dating California’s first subdivision ordinance, enacted in 1893.) Wright’s property was adjacent to a street (“Jordan Terrace”) shown on the subdivision map. Jordan Terrace had never been used a public street or for any other public purpose. In 1935 however, the City had accepted Jordan Terrace into the City street system. Continue Reading The Road Less Traveled, Or In This Case, Not At All

Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update

Abbott & Kindermann, LLP again presents their annual program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.

Date: Thursday, January 18, 2007

Registration:8:30 a.m. – 9:00 a.m. with continental breakfast

Program:9:00 a.m. – 12:00 noon

Location:Sacramento Radisson
500 Leisure Lane
Sacramento, CA 95815

There is no charge for this program and MCLE credit is available.

An RSVP will be required as space is limited. To reserve your space now, call (916) 456-9595 and ask for Michelle.

By Janell M. Bogue

In a victory for the Regional Water Quality Control Boards and State Water Resources Control Board, the Second Appellate District revised its opinion in County of Los Angeles v. California State Water Resources Board (2006) 2006 Cal.App.LEXIS 1744 on November 6, 2006. Though several parties submitted petitions for rehearing, the court modified its previous October 5, 2006 opinion on its own and denied all the rehearing petitions. Click here to read about the court’s previous, unmodified opinion. Continue Reading Second Appellate District Modifies Opinion Regarding CEQA Analysis for NPDES Permits