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Adjacent Landowners Entitled to Hearing

By ALM Staff | Law Journal Newsletters |
January 31, 2007

If an entity claims a vested right pursuant to the Surface Mining and Reclamation Act ((SMARA) Pub. Resources Code, ' 2710 et seq.) to conduct a surface mining operation that is subject to the 'diminishing asset' doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements of reasonable notice and an opportunity to be heard. Calvert v. County of Yuba'- County of Yuba ' 145 Cal.App.4th 613 (Cal.App.3 Dist. 12/5/2006) (Davis J.).

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