Legal Question in Real Estate Law in California
Hi, I inherited a 3 parcel lot including a home and vacant land of about 3 acres when my Mom passed away 2 years ago.
The zoning was �manufacturing� and had been zoned that way for years. My mom and other neighbors live on the street (grandfathered) � my Mom told us that when she passed away to sell the property for �manufacturing� so we will have a good inheritance. There is already industrial companies in our area.
We found out after my Mom�s death that the City Planning Department had changed all of our property from �manufacturing� to �residential�! My neighbors and I are very upset as that greatly effects our property value.
The City Government said that didn�t have to notify us in this case because it was changed as part of the �general plan.� We are working at getting it rezoned back the way it was and the City planners are on our side � it is a fair request. However a gentleman who is prominent in the city has told nearby residents (who don�t own this land) that are traditionally known as the �barrio� area that it will affect the integrity of their neighborhood. The city just granted the zoning as �overlay� which tries to please everyone.
I still can�t believe it is legal for them to change our zoning without giving us prior notification. Advise would be welcome! Thank you, Deborah Snow
1 Answer from Attorneys
I would have three suggestions:
1. The neighbors should talk to two or more local real-estate brokers with substantial experience with industrial real-estate transactions in the community. Land is sometimes worth more with industrial zoning, but by no means always. It may depend upon parcel size and the presence of industrial infrastructure such as heavy power, large sewer and water mains, railroad sidings and freeway access, large level parcel sizes, and other such factors. Don't assume anything about the value of industrial zoning being better without diligent investigation. Also, look beyond the current market at historical values in more typical economic times.
2. After careful local inquiry, find a lawyer with a record of success in dealing with this city's planning and zoning authorities. If you retain such a lawyer, let him or her know what your budget for legal services is, and don't let it all get spent when you're only a third of the way through the battle.
3. Go to a local law library and spend a little time with the CEB (Continuing Education of the Bar) practice manual on California Land Use Practice. Every county has at least one law library that's open to the public.
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