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Benjamin M. Reznik

Land Use JMBM Development Rights: In California the Magic Number is 99!

California voters have spoken and the state now has a new law on eminent domain. On June 3rd, California voters overwhelmingly approved Proposition 99, while sending the rival Proposition 98, down to defeat. The genesis of both initiatives was the landmark decision in the case of Kelo v. City of New London. That decision upheld […]

Environmental and Land Use JMBM Development Rights: Soon Every Project Will Need an EIR

Maybe it’s just me, but it seems that recently there has been a rash of requests for full environmental impact reports (EIRs) from community groups, project opponents and elected officials all over southern California, but particularly in Los Angeles. Is it that each one of these projects truly has potential adverse environmental impacts that cannot […]

Land Use JMBM Tax Newsletter: The Effect of “Kelo” on California Property Owners

On June 23, 2005, a bitterly divided U. S. Supreme Court upheld a local government’s use of eminent domain to seize private property “for the purpose of economic development.” Previously, courts had looked to the standard of whether property would be directly taken “for public use,” under the Fifth Amendment. However, in Kelo v. City […]