easement issue

[kristyj]

What is the name of your state (only U.S. law)? California
We have submitted a permit for a kitchen remodel and addition of a front porch. The county will not issue permit until we sign over an easement for a drainage ditch in our backyard. I have researched the internet and found a Supreme Court case law - Nollan vs. California Coastal 1987. Does anybody know if it is illegal for the county to make us sign over an easement to issue a remodel permit and if the Supreme Court case ruling will help us fight our cause? THANK YOU!

 

[justalayman]

If it is as simple as you say, no, they cannot demand the easement grant in exchange for the permit. If there is something else going on, it is impossible to say if they have a right to do what they are demanding or not without more information.

 

[HomeGuru]

What is the name of your state (only U.S. law)? California
We have submitted a permit for a kitchen remodel and addition of a front porch. The county will not issue permit until we sign over an easement for a drainage ditch in our backyard. I have researched the internet and found a Supreme Court case law - Nollan vs. California Coastal 1987. Does anybody know if it is illegal for the county to make us sign over an easement to issue a remodel permit and if the Supreme Court case ruling will help us fight our cause? THANK YOU!

**A: this issue has to be more complicated than you posted.