Legal Question in Real Estate Law in California

From Quiet Country Neighborhood to Noisy Water Sports Arena

About 20 years ago I purchased a large lot and home that goes down to a river.

It's on a quiet cul-da-sac and there's a real country feel to the property. Across

the river was a large, private farm with a couple horses. When the owner died, he

deeded his property to the city. We just discovered the city council is doing a

final vote in about a week on a proposed project for the city to construct a

swimming pool and large water slide on this property. The neighborhood will go

from a quiet, relaxing one where the only noise heard is some birds

occassionally singing to a noisy 8A to 8P water sports arena. All the neighbors

on our quiet cul-da-sac are concerned, not only about the noise but also the

diminished value of our properties that currently average $750,000 to over $2

million. We're having a neighborhood meeting tomorrow night. What are our

rights, and how should we proceed? Thanks a lot.

Asked on 6/10/06, 3:54 pm

2 Answers from Attorneys

Daniel King Law Offices of Daniel King

Re: From Quiet Country Neighborhood to Noisy Water Sports Arena

You and the neighbors need representation, and quickly. In the event that this is not prevented, the City will take the position that the land use will fall under their "police powers" for health, safety, morals and aesthetics, which will mean that the homeowners will NOT be compensated in any manner for the diminished value of their properties. Obviously, you want to try to prevent everything from even getting to this point, so you need to act promptly. If the City does take this action, you all will have to litigate a claim under a theory of inverse condemnation.

If you would like to discuss this matter, please feel free to phone. I am currently in trial, but if you leave a message, i will get back to you.

Daniel King 818 587.9299

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Answered on 6/13/06, 9:28 pm

Robert F. Cohen Law Office of Robert F. Cohen

Re: From Quiet Country Neighborhood to Noisy Water Sports Arena

Hire a lawyer immediately. The lawyer should check into zoning issues, environmental impact, etc. Obviously, it will increase traffic, pollution, utility needs, waste, noise, etc., as well as property values. Don't hesitate to do so.

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Answered on 6/10/06, 4:17 pm

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