SCOTUSblog has posted a detailed summary of the facts and issues in Wilkie v. Robbins, the case being argued on Monday about government’s RICO immunity, the “right to exclude,” and whether government officials may be held liable when they retaliate against a landowner who refuses to give up his property rights.
2007
▪ Supreme Court Preview: Is There a Right to be Free From Government Retaliation For Defending Your Property Rights?
By Robert H. Thomas on
That’s one of the three questions the US Supreme Court will consider on Monday, March 19 2007, when it hears arguments in Wilkie v. Robbins.
The case involves a Wyoming rancher who sued officials of the federal Bureau of Land Management, claiming they began “a campaign of harassment and coercion designed to force [him]…
▪ Legal Issues in Single Victim Legislation
By Robert H. Thomas on
Recently, I was a guest on Jay Fidell’s ThinkTech program on Hawaii Public Radio, talking about legal issues that may arise when legislation is targeted at specific individuals or companies (what I refer to as “single victim legislation”).
The issue raised its head when the Hawaii Legislature seemed ready to consider a proposal requiring one…
▪ Declaratory Judgments, Private Rights of Action, and Land Use Litigation
By Robert H. Thomas on
Posted in Administrative law, Land use law
The Hawaii Supreme Court recently issued an opinion clarifying when a plaintiff may enforce a statute or ordinance by seeking a declaratory judgment. Rees v. Carlisle(No. 26998, Mar. 12, 2007) considered the question of whether the Honolulu City Prosecutor mayuse public funds to advocate passage of an amendment to the HawaiiConstitution.
The case had…
▪ Podcast of KIPO FM 89.3 Appearance (mp3)
By Robert H. Thomas on
Hawaii Public Radio, KIPO FM 89.3, has posted the podcast of my commentary during Jay Fidell’s program on potential constitutional problems with legislation targeting specific individuals or companies.
Click here for the streaming media, or here to download the 54MB mp3. My comments begin at the 19:10 mark.
▪ 9th Circuit Limits Clean Water Act Jurisdiction
By Robert H. Thomas on
Posted in Environmental law, Property rights
Ninth Circuit holds in San Francisco Baykeeper v. Cargill Salt Division (Nos. 04-17554, 05-15-51, Mar. 8, 2007):
We conclude that the district court improperly expanded the regulatory definition of “waters of the United States” when it held that bodies of water that are adjacent to navigable waters are subject to the CWA [federal Clean Water…
▪ RICO, Nollan/Dolan, and “Extortion”
By Robert H. Thomas on
Nollan/Dolan meet Don Corleone. The Maui News reports on a homegrown version of the Wilkie v. Robbins issue, the case set for argument in the US Supreme Court on March 19, 2007. The issue is whether government officials can be sued under federal “RICO” anti-racketeering laws. Wlkie involves the federal Bureau…
▪ KIPO FM 89.3 – Hawaii Public Radio Appearance
By Robert H. Thomas on
At 5 pm HST tomorrow, Wednesday, March 7, 2007, I will be on Jay Fidell’s Hawaii Public Radio program, KIPO FM 89.3 providing a few thoughts on potential constitutional problems with enacting retroactive, narrowly focused legislation. Hope you can tune in.
Update: podcast here.
▪ Attorneys Fees in Land Use Litigation
By Robert H. Thomas on
Posted in Land use law, Regulatory takings
Is the game over in the ninth inning, or is being ahead in the sixth good enough?
Federal civil rights law, 42 USC § 1988, provides that the “prevailing party” in a lawsuit to vindicate federal civil rights is entitled to collect attorneys fees from the loser. The right to own and make economically…
▪ Cal Supreme Court on “Quick Take” Procedures
By Robert H. Thomas on
Posted in Uncategorized
In Mt. San Jacinto Community College v. Superior Court, the California Supreme Court addressed two constitutional issues regarding the quick-take process:
First, does a statutory property valuation date that occurs at the time the condemner deposits the probable compensation in court under section 1263.110, et seq. deny the property owner just compensation under the…