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In Nollan v.California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional.
An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement ...
A solar easement is a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
To take advantage of the transfer of development rights ordinance, the owner must dedicate a permanent, irrevocable scenic easement to the county that prohibits residential and commercial use of their property. To encourage adoption of the land use policy, the county offered landowners a two-for-one transfer ratio.
0–9. 1911 California Proposition 4; 1911 California Proposition 7; 1911 California Proposition 8; 1964 California Proposition 14; 1972 California Proposition 11
A development easement is a legal agreement by which a landowner surrenders the right to develop a designated parcel of property. Some local and state governments have programs to acquire development easements from private landowners to prevent conversion of farmland to other uses.
Conservation easement boundary sign. In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organization called a "land trust", or a governmental (municipal, county, state or federal) entity to constrain, as to a specified land area, the exercise of rights ...
Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions against the units or parcels within the HOA with the county recorder.
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