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Legal Alert

Proposed Two-Year Extension for Tentative Maps

Environmental & Natural Resources

3.31.08

Due to the current building slump and strained credit market, California lawmakers are considering two bills, one introduced in the Senate (SB 1185-Lowenthal) and the other in the Assembly (AB 1777-Houston), to extend the expiration date of approved, but not yet expired, tentative maps for two years. The extension, if passed and signed into law, would be in addition to other extensions available under local ordinance and/or the Subdivision Map Act. The legislature took similar action in 1993 and 1996 during the last downturn in the housing market.

While it may take years to process and secure the approval of a tentative map, once approved, the tentative map itself is only good for two years (or three years in those communities that provide an additional year by local ordinance and subject to additional extensions available under the Subdivision Map Act). Thus, unless a final map is filed with the approving agency within this two-year time frame or the tentative map is extended, the tentative map will expire. If the tentative map expires, the process starts all over again; a new tentative map application will have to be prepared, processed and approved.

We are closely tracking these bills and all other potential legislation affecting real property to provide our clients with the most current and effective legal advice. If you own property with a current tentative map or other entitlements with applicable expiration dates, please contact us to discuss your options to ensure your valuable entitlements do not expire while you evaluate when to bring your product to market.

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Matthew R. Fogt

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Orange CountyT(949) 851-5453mfogt@allenmatkins.com
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