Sunday, March 8, 2009

The Sunset property and Bert J. Harris Act

The Smith property

Regarding the Bert J. Harris Act--There is an important consideration here that some may be overlooking:

"The government action must inordinately burden an existing use of real property or a vested right to a specific use of real property. Additionally, it must appear that it is a reasonable foreseeable non-speculative use that is suitable for the subject real property and compatible with adjacent land uses." The owner's right to develop has not been denied.

This owner does not fall under the Laws of Taking. There is a single family house on the 4.02 acres that has been there since 1929. The Sunset neighborhood welcomes him to build 7 units per acre, consistent with the neighborhood.

Hopefully, there soon will be a workshop to enlighten all of us on this political decision to allow incompatible zoning to this neighborhood thus allowing higher density. It was a political decision then. It still is. Just my IMO.