This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Government,
Environmental & Energy,
Administrative/Regulatory

May 17, 2012

SB 375 may result in state control of land use

Notwithstanding language to the contrary in the bill itself, SB 375 potentially gives state control over local land use.

Nicki Carlsen

Partner, Alston & Bird LLP

Email: nicki.carlsen@alston.com

Nicki is co-chair of the firm's Environment, Land Use & Natural Resources Group

Rebecca S. Harrington

San Diego Unified Port District

Email: rharrington@portofsandiego.org

In 2008, Senate Bill 375 was passed, which expressly denies any intent to control land use:

"Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor ... shall either one be subject to any state approval. Nothing in a sustainable communities strategy shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region. ... Nothing in this section shall be interpreted to authorize t...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails