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Sacramento Top 10 Best Real Estate Attorney Guide is a user generated list and map of the best real estate lawyers in the Greater Sacramento Area, including Sacramento, Folsom, Roseville, Elk Grove, EL Dorado Hills, Rancho Cordova, Citrus Heights, Orangevale, West Sacramento, Rancho Murieta, Fair Oaks, Carmichael, Rocklin, Lincoln, Loomis, Granite Bay, Auburn, Placerville, Cameron Park, Davis, Woodland, Sutter Creek, Jackson, Yuba City & Marysville. If you’ve had a positive experience with one of these attorneys, please share your recommendation by giving them a thumb up. Your review is important to us.

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Real Estate Law News

Key 2021 California Housing Legislation

National Law Review

The California Legislature made modest gains on housing production and stimulus bills in 2020, and there are several notable bills that took effect on January 1, 2021. The new laws tackle COVID-19, project permit streamlining and planning, residential density bonus, and the California Environmental Quality Act (“CEQA”). Below is a summary of these new laws.

Additionally, the Legislature is revisiting some of the signature housing production bills that failed in October. For example, Senate Bill (“SB”) 6 would allow housing developments as a permitted use in commercial zones, and SB 9 would allow for duplexes and lot splits in single-family residential zones to be allowed by-right. We will continue to monitor their progress and provide updates as soon as we can.

Ninth Circuit ruling for United States retains abandoned railroad right of way for public access

U.S. Department of Justice

BILLNGS – A ruling by the 9th U.S. Circuit Court of Appeals in an ownership dispute of an abandoned railroad right of way near Noxon, Montana, held that the United States retained ownership under the National Trails System Improvement Act, Acting U.S. Attorney Leif M. Johnson said today.

In an opinion issued on June 21, the Ninth Circuit ruled for the United States on a plaintiff’s appeal from the U.S. District Court for the District of Montana in a case before U.S. District Judge Dana L. Christensen.

"This is an important decision for people who live in and visit Montana. The public has a growing interest in using these abandoned rights-of-way for recreation and access to Montana waterways and public lands. The court’s decision in this case strikes an appropriate balance between interests of the adjacent landowners and the public as intended by Congress when it passed the National Trail System Improvement Act in 1988,” Acting U.S. Attorney Johnson said.

At issue was whether the United States maintained its reversionary interest over real property granted 150 years ago to a railroad for use as a right of way, or whether that interest was later ceded to settlers who owned adjoining property. The Estate of Glowdena Finnigan sued the U.S. Forest Service in 2018 to quiet title to a former railroad right-of-way segment near Noxon, Montana. The dispute involved whether the current ownership of the abandoned right of way was controlled by the Abandoned Railroad Right of Way Act, enacted in 1922, which transferred title to the adjacent land owners, or by the Trails Act, enacted in 1988, under which the United States retained its interest in the land.

In two very different California disputes, Supreme Court affirms private property rights

LA Times

In the second, the court voided a long-standing California labor rule that gave union organizers limited access to private farmland to talk to workers.

The justices, both conservative and liberal, have long looked skeptically at police searches of homes, and the unanimous ruling for the California driver arrested in his garage provided a chance to strengthen that position.

The court ruled for a retired Sonoma County real estate broker who was followed home by a California Highway Patrol officer. The officer noticed the man was playing loud music on his car radio.

The officer turned on the flashing lights of his patrol car just as Arthur Lange pulled into his driveway. The officer followed Lange into his garage, questioned him and then wrote him a ticket for drunk driving. Lange appealed, arguing his right to privacy had been violated.