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In Murr v. Wisconsin, U.S., 137 S.Ct. 1933 (2017), the U.S. Supreme Court established a multi-factored test to determine what is the proper unit of property against which to assess whether a challenged governmental action constitutes a regulatory taking for which just compensation is owed under the U.S. Constitution. Because the test for…

By Glen Hansen

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, the California Supreme Court held that private owners of certain coastal property who allowed the public to use the property for recreational purposes over a period of years thereby impliedly dedicated property rights to the public. The Legislature responded to Gion…

Glen C. Hansen of Abbott & Kindermann, Inc., will present an update on recent developments in resolving easement, boundary, and implied public dedication disputes in California. This is an advanced class aimed primarily at land surveyors, civil engineers, attorneys, and property owners. This intense, three-hour class examines recent case law about:

  • Creating, Interpreting, and Terminating

…

Diane G. Kindermann (2015-2017) and William W. Abbott (2004-2017) were again selected for the Northern California Super Lawyers List in the practice areas of Land Use and Zoning law. More information is available at http://www.superlawyers.com/california-northern/. The firm is pleased to continue to serve private and public clients in Northern California on land use, environmental…

By William W. Abbott

Cinema West, LLC v. Christine Baker 2017 Cal.App. LEXIS 599

As former redevelopment agency properties come back into the marketplace, prospective developers must proceed cautiously to avoid tripping on the State’s prevailing wage law. What appears to be a fair market transaction may include a disguised agency contribution or publically funded…

By William W. Abbott

Begun as a ministry in the 1850’s to help the poorest of poor in East London, the Salvation Army came to the United States in 1880. As a small part of its overall mission of the salvation of souls ,the Salvation Army developed three farm colonies in the United States: Fort Romie (California), Fort Amity (Colorado) and Fort Herrick (Ohio). Fort Romie, located two miles south-southwest from Soledad, Monterey County, was the first of these colonies. The objective was to relocate impoverished city dwelling to rural locations where they could enjoy a healthy physical and spiritual lifestyle as farmers. The Army’s battle cry was to return the landless man to the manless land.
Continue Reading When a Fort is a Home: The Salvation Army, Fort Romie and Connecting Landless Men with Manless Land

By William W. Abbott

One of the more intriguing early settlements in California involves the Polish colony in Anaheim. The story begins in Poland, and centers on a young aspiring actress, Helena Modjeska. Born Helena Opid in 1840, Modjeska at a relatively early age gained great fame and recognition as an actress. Her work as an actress brought her in contact with the prominent literati and liberals of time. At the time, Poland had been partitioned by Russia, Prussia and Austria, and the desire for unification and freedom was met with unbending, brutal responses by the occupiers.
Continue Reading Colonies & Settlements: The Polish Colony in Anaheim

By William W. Abbott

Readers may remember our earlier account of the first State of California planned community, Durham, in Butte County, started in 1913. Apparently pleased with the perceived success in Durham, the State Land Settlement Board embraced a more ambitious goal, this time an 8,000 acre community to be located in the community of Delhi, in Merced County. On the heels of World War I, the legislature expanded the program to specifically serve returning veterans.
Continue Reading An Historic Tale of Two Towns: The State of California as a Planner, Subdivider and Developer Part II