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Redevelopment in California
Redevelopment in California
2004 (third) edition
David F. Beatty, Michael L. F. Buck,
Joseph E. Coomes, Jr., T. Brent Hawkins,
Edward J. Quinn, Jr., Gerald J. Ramiza, Iris P. Yang, Seth Merewitz, and Ethan Walsh, with Calvin E. Hollis and Kathleen H. Head of Keyser Marston Associates
ISBN 978-0-923956-83-7   $60.00

Definitive guide to both the law and the practice of redevelopment, providing a comprehensive, clearly written reference and practitioner's handbook. Contains the entire text of the law, with the most recent legislation adopted through January 1, 2004, as well as discussion of recent redevelopment cases.

Chapters at a Glance Preface
About the Book Table of Contents (PDF)
About the Authors Sample Chapter (PDF)




CHAPTERS AT A GLANCE

  1   Introduction
  2   Redevelopment Agencies
  3   Adoption of Redevelopment Plan
  4   Conflicts of Interest
  5   Property Acquisition
  6   Environmental Issues
  7   Relocation
  8   Property Disposition
  9   Public Improvements
10   Financing
11   Housing
12   Closed Military Bases
13   Validation Litigation
14   Conclusion




ABOUT THE BOOK

Redevelopment in California is the definitive guide to both the law and the practice of redevelopment, providing a comprehensive and clearly written reference and practitioner's handbook for policymakers, redevelopment officials, developers, investors, attorneys, citizens, and students. It is a basic introduction for anyone who wants to understand the process.

This all-new third edition contains the entire text of the law, with the most recent legislation adopted through January 1, 2004, including SB 1045, SB 114, SB 966, SB 109, and AB 1731, as well as discussion of recent redevelopment cases. This edition also contains new chapters on toxics and military base reuse, as well as completely updated chapters on plan adoptions, tax-increment financing, affordable housing requirements, and plan implementation.


Specific legislative changes addressed include:
  • Requirements related to the shift of money to the Education Revenue Augmentation Fund (ERAF)
  • Additional restrictions on assistance to vehicle dealers and big box retailers
  • New provisions regarding the payment of prevailing wages
  • Plan amendments to delete time limits on incurring debt
  • Requirements for extending certain time limits in redevelopment plans

In addition, the book covers:
  • Preparation and adoption of plans and plan amendments
  • Project area requirements
  • Agency administrative requirements
  • Property acquisition and disposition
  • Use of eminent domain
  • Owner participation
  • Redevelopment agency borrowing authority
  • Environmental issues
  • Affordable housing
  • Closed military bases



ABOUT THE AUTHORS

David F. Beatty is the Managing Shareholder in McDonough Holland & Allen PC, the Sacramento-based law firm representing more than fifty redevelopment agencies throughout California and Nevada. He has been general counsel to the California Redevelopment Association for more than twenty years and was instrumental in drafting much of the landmark redevelopment legislation during that time.

Michael L. F. Buck specializes in environmental regulatory compliance and enforcement defense. A former consultant in environmental and energy matters in Washington and assistant general counsel of the California Environmental Protection Agency. Mr. Buck is now a shareholder at McDonough Holland & Allen.

Joseph E. Coomes, Jr., a shareholder at McDonough Holland & Allen, has represented redevelopment agencies and private developers for more than forty years. His practice has focused on numerous complex mixed-used projects throughout California, including those for closed military bases.

T. Brent Hawkins is chairman of the Legal Committee for the California Redevelopment Association. A shareholder at McDonough Holland & Allen, Mr. Hawkins represents redevelopment agencies throughout California and Nevada and is a frequent lecturer on redevelopment issues.

Edward J. Quinn, Jr., former president of the Sacramento Area Commerce and Trade Organization, a five-county economic development association, is a shareholder at McDonough Holland & Allen. Mr. Quinn represents public agencies and private developers throughout California and foreign corporate clients on domestic real estate and investment matters.

Gerald J. Ramiza is a shareholder in the Oakland office of McDonough Holland & Allen. His practice emphasizes transactional redevelopment matters, public agency law, and real estate law.

Iris P. Yang serves as special counsel to redevelopment agencies on both transactional and litigation matters. A shareholder at McDonough Holland & Allen, her practice includes an emphasis on public law, conflicts of interest, and campaign finance.

Seth Merewitz is an associate at McDonough Holland & Allen where his practice emphasizes land use, financing, and affordable housing. Mr. Merewitz also serves as City Attorney for the City of Marysville.

Ethan Walsh is an associate at McDonough Holland & Allen. His practice includes litigation and advisory and transactional work for cities, counties, redevelopment agencies, and other public entities.

Calvin E. Hollis, a senior principal with Keyser Marston Associates, Inc., has provided real estate and financial advisory services to redevelopment agencies throughout California and the west. Mr. Hollis is a technical advisor to the California Redevelopment Association and a member of the Urban Land Institute's National Policy Council.

Kathleen H. Head, a principal in Keyser Marston Associates, Inc., has analyzed a broad range of real estate issues for both public and private sector clients. Ms. Head manages all housing-related services for KMA clients in Los Angeles and is an authority on affordable housing.




PREFACE

Since the second edition of this book was published in 1995, the practice and the law of redevelopment in California have changed significantly. These changes have been due to a number of factors, including the state's budgetary woes, the increased need for affordable housing, changes in the application of prevailing wage requirements, and the looming time limits imposed by AB 1290. What we have sought to do in this new edition is incorporate these changes and discuss their impacts upon the practice of redevelopment. In addition, we have greatly expanded and revised certain chapters, and added new chapters on environmental issues and closed military bases, both of which have become increasingly important matters facing many redevelopment agencies.

For someone not familiar with the redevelopment process, understanding its complexity and diversity can be difficult. Not only is the Community Redevelopment Law highly technical, but redevelopment is implemented by city and county officials and their consultants. Much of redevelopment practice, therefore, is administratively developed by local officials and cannot be found in the statutes, case law, or standard legal treatises. We have tried to incorporate the knowledge we have gained over the last several decades and from our scores of clients and colleagues to fill this niche.

We hope that this book will be a useful and practical reference to city, county, and redevelopment agency staff; consultants and attorneys who work in the field; local public officials who are confronted with redevelopment decisions; and members of the public who seek a better understanding of redevelopment within their communities. While we have tried to be as comprehensive as possible, there inevitably will be issues that we could not address, either due to space limitations or because a discussion of law without specific facts would not be helpful. This book is not intended to be a substitute for seeking advice from legal counsel, but we hope it will assist in both framing the issues and formulating the answers about redevelopment.

This book was written by several of the attorneys in the Redevelopment Section of McDonough Holland & Allen PC and Kathe Head and Cal Hollis of Keyser Marston Associates, Inc. However, we would like to specifically acknowledge and thank Marnie Prock, a legal assistant in the Redevelopment Section, whose organizational skills are legendary throughout the firm, and who maintained her sense of humor and dedication to this project to its completion. Finally, we also especially would like to thank our clients, without whom our practice, and this book, would not be possible.



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