California law meant for homeless housing may enable seizure of church land
A California statute that lets religious groups bypass zoning for low-income housing is now being used by developers to pressure churches into selling property, potentially leading to eminent-domain takings.
In 2023 Governor Gavin Newsom approved a measure that lets religious institutions and nonprofit colleges sidestep local zoning rules to create affordable housing for the homeless. Lawyers now argue that developers are using the same provision to compel churches to sell land, with the threat of eminent-domain lawsuits if cities fail to meet housing mandates. Pacific Justice Institute president Brad Dacus explained that cities must allocate zoned land for public housing, and developers can sue when they claim the city is not complying.
Recent disputes involve Lakewood, where ten churches were rezoned for housing, and Huntington Beach, where a Calvary Chapel property faces a developer’s claim. Critics say the law targets churches because they do not pay property taxes, turning tax-exempt land into revenue-generating assets. The Pacific Justice Institute says it will litigate to protect churches’ First Amendment land-use rights.
Why it matters
The case could reshape how eminent-domain is applied to religious properties nationwide.
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