Bradley A. Silva, lawyers in Fresno, CA, California

Conditional Use Permits

Conditional use permits are special exceptions to existing zoning laws and, as the name suggests, such permits are dependent on the occurrence of certain "conditions" being met. These permits allow the municipality a modicum of discretion in balancing the suitability of a parcel of land for a designated purpose with the public's health, welfare, and safety.More...

Tribal Zoning Authority for Native American Reservations

Generally, the states and, more often, municipalities enact zoning laws that direct the use of land within their borders. However, though a Native American reservation may lie within a particular jurisdiction, the tribal land is not subject to control by such entities. Rather, Native American tribes enjoy sovereignty over their members and their land to the extent such sovereignty is not obstructed by federal statute or treaty.More...

Alternative Dispute Resolution and Construction Disputes

Alternative dispute resolution (ADR) is an effective avenue for the resolution of construction disputes, and has been especially employed with respect to construction defect litigation. ADR provides a cost-effective way for the parties to air their grievances and come to a compromise in order to save the financial resources that would surely be expended if the matter was to go to trial. The two most prevalent forms of ADR are mediation and arbitration.More...

DEVELOPER CONCESSIONS IN A SUBDIVISION PROJECT

Developers who were involved in subdivision projects traditionally only made minimal improvements to their projects. The developers relied on existing parks, schools, and playgrounds. With the advent of subdivision regulation, local authorities began to require the developers to make concessions in order to be approved for their subdivision plans. These concessions now include dedication of land for parks, schools, and playgrounds or the payment of a fee in lieu of the improvements.More...

WHO IS ENTITLED TO A MECHANICS' LIEN?

Most states confer the right to a mechanics' lien on any person who performs certain work or who provides materials for their work on an owner's property. Although some states limit the right to a mechanics' lien to certain types of persons, those persons normally include general contractors, subcontractors, and suppliers.More...