Anderson v. County of Santa Barbara
Facts: An owner installs an unpermitted encroachment along a public road adjacent the owner’s property. The road leads to a popular natural destination open to the public and the roadside is available for public parking. As a result of the encroachment, members of the public park directly on the roadway which obstructs traffic. A local agency serves the owner with a notice to remove the encroachment to restore public parking without first completing an environmental impact report (EIR).
Claim: The owner claims the agency may not remove the encroachment since the agency is not exempt from first completing an EIR as the removal is a pretext to a larger project to increase public parking for access to the natural area.
Counterclaim: The agency claims they may remove the encroachment without an EIR since the agency is charged with removal of encroachments on a public road and restore parking independent of any unannounced project.
Holding: A California appeals court holds the agency may remove the encroachment without an EIR since the agency is required to remove encroachments on a public road and restore parking which already exists independent of any unannounced project. [Anderson v. County of Santa Barbara (2023) 94 CA5th 554]
Anderson v. County of Santa Barbara
Related RCDs:
Administrative issuance of demolition permit does not require environmental impact report
Related Article:
Encroachment, Trespass and Nuisance
Word-of-the-Week: Encroachment
City Council approves Newport Beach residential encroachments
Related Reading:
Real Estate Principles —Chapter 39: Encroachments: crossing the line
