Dedications of Land in California
A client (Landlord) is working on a new development on their property. A city in CA is asking for a dedication of land as a condition for a building permit. Why is the LL required to dedicate land without receiving just compensation (similar to a taking)?
[{"id": "d0rbvct", "text": "Depending on the size of development, public space availability may be an issue.  Most municipalities have public/open space ratio requirements.  It's likely that the dedication of land is required to be used a future park or other open space site for recreation.  Does the development plan currently include any recreational facility(ies)?  If not, the municipality may also require a fee for their future development of the earmarked open space location.\n\nAdditionally, public services may also be required within or nearby the development depending on the plan size and location.  How far away are the nearest emergency services?  Are police and fire within two miles of the site?", "replies": [{"id": "d0rdwl8", "text": "The dedication is for the two adjacent streets facing the lot. The lot is on a street corner. The city is claiming at some point in the future they would want to expand both roads and thus want the dedication if they choose to do so. I just don't understand how they can force the LL to \"dedicate\" part of the property without paying any sort of compensation", "replies": [{"id": "d0reea1", "text": "Typically the development under review will receive a benefit from the dedication of land, which sounds like the case.  Street size may be determined by anticipated traffic pattern changes.  If the resulting development will impact traffic volume that may be reason enough to explain the situation.  I recommend consulting a real estate attorney with development, entitlement, and land dedication/eminent domain experience.", "replies": [{"id": "d0reof3", "text": "Thank you! ", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}]