Under California's Permit Streamlining Act, a local agency must approve or deny a development project application within specified timeframes. If the agency fails to act within the deadline for a project that requires an EIR, what happens?
Correct Answer
D) The applicant may file a court action to compel the agency to act, but the project is not automatically approved
Under the Permit Streamlining Act (Government Code §65950-65957.1), if a lead agency fails to act within the specified timeframe, the project applicant may pursue legal remedies including filing a writ of mandate to compel agency action. However, the project is not automatically approved — the applicant must seek court intervention to force the agency to make a decision.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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