Legal Question in Constitutional Law in California

A General Law County in California signed a dedication of property to maintain the public right of ways in the County to all residental properties. It fails to maintain the public parkways in residential properties in incorporated areas, allowing their own property, parkway trees (1968 Ordinance defined), allowing their tree roots to destroy public sidewalks adjacent to homes, where citizens are getting injured. 50 years later, when people are filling claims, they create an Ordinance 4355, transferring all of government public property maintenance to adjacent property owners, requiring us to remove their parkway trees and fix their public sidewalks, while collecting taxes to do so. How is it legal to neglect repairing and maintainting public property paid for by taxes, then when out of repair, transfer government property to adjacent property owners to maintain and repair. If we fail to maintain their property, we are liable for damages? We were billed, and threaten to pay, or put on property taxes, then repocess our homes. When is a private property owner responsible to cut parkway tree roots underground and put in a root barrier, required by the government, its not private, but public property maintenance paid by property taxes?

Asked on 12/16/21, 10:38 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Police power and sovereign immunity.

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Answered on 12/17/21, 11:55 am

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