The U.S. Supreme Court has denied review to Agripost, LLC v. Miami-Dade County, Florida, No. 08-567 (cert. petition filed Oct. 27, 2008), another case asking the Court to overrule Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), the decision that gave us the weird ripeness rules in regulatory takings. The order is available here.
The briefs and the 11th Circuit's opinion are available here. This is the second petition asking the Court to overrule Williamson County that has been denied this Term.
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March 30, 2009
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this blog is...
- devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law
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All upcoming and past seminars, conferences, and events here
February 4-6, 2010
I'll be on the faculty of two of the best CLE programs about eminent domain law, ALI-ABA's "Eminent Domain and Land Valuation Litigation," and "Condemnation 101: How To Prepare and Present an Eminent Domain Case," being held concurrently at the Westin Kierland Resort in Scottsdale, Arizona. The first course is designed for attorneys with some condemnation experience, while the second is an introduction or refresher to the basic concepts and techniques in a condemnation case. These are great programs, and early registration discounts are available. More information about "Eminent Domain and Land Valuation Litigation" is available here, and about "Condemnation 101" here.September 30 - August 4, 2009
I attended the Fall Council Meeting of the ABA's State and Local Government Law Section in Austin, Texas. On Wednesday, September 30, 2009, I was a panelist discussing "Careers in State and Local Government Law." Other panelists were Professor David Callies, Honolulu, HI; David Courreges, Austin, TX; Larry Hoyt, Boulder, CO; and Nikelle Meade, Austin, TX. Donna Frazier, Shreveport, LA, moderated.September 16, 2009
I was on the faculty of Practical Guide to Zoning and Land Use Law, an annual program dealing with zoning approvals, constitutional limitations on land use regulations, and administrative procedure. My sessions were on "Appealing an Administrative Zoning Decision" and "Current Case Law and Legislative Update."
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Briefs, articles, and documents, via JD Supra
Eminent domain abuse: County of Hawaii v. Richards, No. 28882 (HAWSCT)
Shoreline accretion amicus brief (HAWICA)
Kelo v. City of New London amicus brief (SCOTUS)
Lingle v. Chevron USA amicus brief (SCOTUS)
Ohana Kauai Property Tax merits brief (HAWSCT)
Ohana Kauai Property Tax merits brief (HAWSCT)
reviews
Little Pink House - A True Story of Defiance and Courage by Jeff Benedict (2009)
The Complete Guide to Zoning by Dwight H. Merriam (2005)
Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land by Carla T. Main (2007)
Eminent Domain Use and Abuse: Kelo in Context, Dwight H. Merriam, editor (2007)
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- Oral Arguments In Judicial Takings Case: Are State Courts Bound By The Takings Clause?
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- Unfrozen Caveman Judges "Frightened And Confused" By Blight
- Media And Commentary Links On NYCA's Atlantic Yards Decision
- New York Court Of Appeals: Agency Can Blight The Baby With The Bathwater With No Judicial Oversight
- New York Court Of Appeals: Government Liable For Attorney's Fees For First Phase Of An Unsuccessful Taking
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- Programming Note: Condemnation Committee Conference Call 11/18/2009, 2 pm EST
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Does the ripeness rule only apply to regulatory takings, or does it also apply in cases of takings by physical invasion?
Posted by: Paul Hirsch | March 31, 2009 at 08:05 AM