Opinion of Brown, 2007 DJDAR 12483, August 14, 2007
Background: Pursuant to a U.S. Fish and Wildlife Service endangered species protection program, a corporation agreed to grant to a conservation easement over a portion of its land to advance habitat protection. However, the California Subdivision Map Act requires that certain steps be taken when subdividing land, and the granting of easements is included within the scope of the Act.
Issue: Does the Subdivision Map Act apply to the grant of a conservation easement whereby the grantor retains ownership and possession of the property subject to the easement?
Decision: The Subdivision Map Act does not apply. While the Act defines “subdivision” as any division of land sale, lease or financing, it also states that a “subdivision” is intended to create one or more new parcels subject to multiple ownership. Conservation easements whereby the owner retains the land subject to the easement as a single parcel do not establish separate property interests subject to multiple ownership. Thus, the requirements of the Act do not apply to the grant of a conservation easement.
County of Sacramento v. State Water Resources Control Board, 2007 DJDAR 12207, August 9, 2007
Background: Pursuant to State water quality policy, the Water Resources Control Board and the Central Valley Regional Water Quality Control Board adopted a water quality control plan and prescribed waste discharge requirements for the Sacramento and San Joaquin River Basins. The County of Sacramento challenged waste discharge requirements applicable to the “Boys Ranch,” a youth correctional facility, based on its interpretation of the applicable statutory provisions.
Decision: The Boards’ policy was upheld. The Boards regulations properly interpreted the statutory provisions consistent with State water policies.
City of Modesto v. Sanchez, 07-88
The City of Modesto has filed a petition to the U.S. Supreme Court challenging a State statute that permits minority groups to challenge “at-large” election systems on the ground that such systems dilute minority votes. In an at-large city election, all city council seats are selected by the voters in the city at-large, without the establishment of districts for each council seat. Critics argue that such systems can be discriminatory by creating a perpetual “minority voting block.” The City of Modesto’s case has the potential to cause significant changes in California electoral politics if accepted by the Supreme Court.