Legal Question in Real Estate Law in California

Homeowners Association

I'm a member of a homeowners association in Northern California. We are looking to higher a real estate/land use attorney, and we have a preliminary question.

The city was involved in a taking of land in a nearby neighborhood (not covered by our homowners association) years ago, whereby it reserved the right to set aside a chunk of land as an easement for a road. The CCR's for the residents in that neighborhood reflect that the City had the right to take that land to build a road in the future.

Now, the City wants to deed the easement to a private developer so that the developer can build an access road to its development. Can the City deed public easement rights to a private developer?

Alternatively, could the City keep the easement but grant rights to the developer to construct and maintain a road?


Asked on 4/15/02, 7:11 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Homeowners Association

Both prior replies are correct based upon your qustion. If you fax me to 714 363 0229, any letters or correspondence you have concerning this question to 714 363 0229, I will provide you with free consultation.

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Answered on 4/23/02, 7:25 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Homeowners Association

The answer to both questions is "Yes".

Now, you could file lawsuits and protest city counsel meetings, and perhaps get some sort of privacy fencing, but in the long run, the city can do what you are asking about.

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Answered on 4/15/02, 7:24 pm
Victor Hobbs Victor E. Hobbs

Re: Homeowners Association

The city can deed the easement over to a developer to develop. The city keeping the easement. But letting someone else develop and use it keeps the land off of the tax rolls. There are also issues of maintenance, liability, etc.

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Answered on 4/15/02, 8:52 pm


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