Friday Round Up: Dueling NY Eminent Domain Decisions, Rebuilding Beaches

The end of a full week in the eminent domain and takings front. The U.S. Supreme Court heard oral arguments in the Florida judicial takings beach case (while the New Jersey and Hawaii courts are considering similar issues), and a New York appellate court issued a blockbuster opinion striking down a taking under Kelo.

• Our commentary about oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009) was broken into three parts. The first covered the arguments of the property owners, then the arguments of the State, and finally the arguments of the federal government as amicus.

• Hat tip to Professor Kanner for pointing out this editorial from the Washington Post: Beachfront property owners deserve justices' support

• BLT: Blog of Legal Times: Behind Justice Stevens' Recusal in Florida Case

• Land Use Prof Blog: Titus' Take on Stop the Beach Oral Arguments

• New Jersey Condemnation Law blog summarizes the New Jersey Supreme Court arguments in a similar case about beach replenishment: Dueling Supreme Courts to Decide Beach Replenishment Takings Issues Heard on Same Day

• From SCOTUSblog: The Court Wades Into Florida Coastal Property Law

• From my Damon Key colleague Mark Murakami's hawaiioceanlaw.com: Do Lines Drawn in the Sand Matter? The Fifth Amendment says...yes

• Charley Foster at Planet Kauai follows up: The many definitions of "shoreline"

• An editorial from the Honolulu Star-Bulletin about the Stop the Beach Renourishment arguments, and a similar case just argued in the Hawaii Intermediate Court of Appeals

• The New York Observer: State Court Rules Eminent Domain Use for Columbia West Harlem Campus Unconstitutional

• New York Times: Court Deals a Blow to Columbia's Expansion Plans

• Wall Street Journal Law Blog: Eminent Domain Month Continues: Kelo No Help For Columbia's Plans

• Constitutional Law Prof Blog: New York Court applies Takings Clause against Columbia University's Plans to Expand

• Atlantic Yards Report: In Columbia eminent domain case, some skeptical judges, AY echoes, and signs of emerging strategy for community resistance and Can decision in Columbia eminent domain case reopen AY case? DDDB is trying, but there are both similarities and contrasts (and also precedent)

• Lawprof Ilya Somin: New York Intermediate Appellate Court Invalidates Taking of “Blighted” Property for Transfer to Columbia University, but Contradicts Recent State Supreme Court in the Process

Comments

[MikeB]

Finally, a court pushing back on eminent domain. Let’s see if it stands. Eminent domain is a sobering experience. Private property owners facing the threat of eminent domain quickly learn that they are not standing on a level playing field legally, economically or politically.

Among other lessons, there is a lot of play in the “just” of “just compensation.” The power of eminent domain brings with it a sense of entitlement. At that point, property owners are merely an obstacle to be swept aside — when, in fact, they possess the key asset coveted by government and the corporation.

But property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website which has begun to attract whistle blowers inside the energy industry. We are collaborating and helping property owners in many states. For info, visit the site: http://www.spectraenergywatch.com/blog/

By the way, our new neighbor, Spectra Energy, has received two Notice of Violations for “unlawful conduct” over the past two months related to emergency shutdowns and emissions at its storage field in Bedford County, PA. Reports of contaminated water supplies are on the rise since they began operations.

Like Kelo, the ripple effects of eminent domain are never over.