Legal Question in Civil Rights Law in California

The city of Rancho Palos Verdes has a view ordinance which specifies that trees shall be topped, branches cut or the tree be removed to to allow the neighboring view owner the view which existed at the time his home was built or planned.

We have several eucalyptus trees on our property which were about 60 years old when the neighbors home was planned. The trees were practically fully grown and view impairing.

The city council determined to cut the trees down to about 6 to 10 feet in height to allow the neighbor an unobstructive view. The trees will die.

The trees are our " shang ri la"; that's why we bought the property 40 years ago.

Can the city forcefully enter our property and cut the trees without our consent?

Can the city put a lien or equivalent on our property?

Can the city exercise something similar to an" eminent domain"?


Asked on 12/30/09, 9:09 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Can they? The answer will come from a judge at the end of court hearings on this after you file for relief and protective orders, if you are willing to fight it. Every case is going to be different, and stand on its own facts. Your claim of 'grandfathering' is a valid argument to make. If serious about doing so, feel free to contact me.

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Answered on 1/04/10, 12:28 pm


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