Real Estate/Development,
Land Use
Apr. 1, 2022
California Court of Appeal Clarifies the Application of the Statute of Limitations under the Subdivision Map Act
If a condition of approval requires future action, it is possible that a claim regarding implementation of the condition could be maintained years after the original approval is given and that the quick 90-day statute of limitations may begin running once the dispute about implementation arises, not when the condition was imposed.
Alisha M. Winterswyk
Best, Best & Krieger LLPPhone: (949) 263-6565
Email: alisha.winterswyk@bbklaw.com
In a recently published opinion, the California 1st District Court of Appeal clarified when the 90-day statute of limitations set forth in Government Code section 66499.37– a provision of the Subdivision Map Act (Gov. Code, § 66410 et seq.) – begins to accrue. Government Code section 66499.37 establishes a 90-day statute of limitations on challenges to the “reasonableness, legality, or validity of any condition” imposed by a local government on a subdivision.
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