Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval News Today : Breaking News, Live Updates & Top Stories | Vimarsana
Highlights
Local agencies routinely require
project applicants to agree to indemnification on application forms
or as conditions of approval. These agreements or conditions of
approval typically include language requiring an applicant to agree
to defend, indemnify, protect and hold harmless the local agency in
any action arising from the application.
In
San Luis Obispo Local Agency
Formation Commission v. City of Pismo Beach (
San Luis
Obispo), the Second Appellate District Court of Appeal of
California struck down San Luis Obispo Local Agency Formation
Commission s assertion that it had an implied power
to contract for fees by inserting an indemnity agreement into its