In UFO Chuting of Hawaii, Inc. v. Smith, No 05-16545 (Nov. 28, 2007), the Ninth Circuit held:
We hold that UFO’s right to operate vessels under its federal maritime coasting licenses does not preempt Hawaii law prohibiting parasailing off the coast of Maui during limited portions of the year to protect mating humpback whales.…
Reason.tv posts a video about the situation in National City, California. The video, hosted by Drew Carey, details a Kelo-like case where, according to the report, “the local government is taking eminent domain abuse to new lows.”
More about the case here.
Thanks to both Patty Salkin’s Law of the Land blog and Gideon Kanner’s Gideon’s Trumpet, we’ve been alerted to a regulatory takings case from the Georgia Supreme Court that presents an unusual fact pattern. In Mann v. Georgia Dep’t of Corrections, No. S07A1043 (Nov. 21, 2007), the court struck down as an illegal…
The Federalist Society’s section on property rights and environmental law has posted audio (14mb mp3) (with video coming soon) of a recent debate held in Washington, D.C., about the state of Property Rights in the United States. Two Ninth Circuit judges, Alex Kozinski and Stephen Reinhardt, anchored the debate. Jim Burling of the Pacific…
The US Court of Federal Claims (CFC) is the court assigned jurisdiction under the Tucker Act to hear inverse condemnation and regulatory takings claims against the federal government where the remedy sought is money damages. The CFC is an “article I” court meaning its judges do not have life tenure as do judges of article…
As reportedby the ABC affiliate in Cincinnati in September, an Ohio state courthas ordered the City of Norwood to make whole the property owners whowere wrongfully targeted by the City for eminent domain. The decisionis the fallout from the Ohio Supreme Court’s decision in City of Norwood v. Horney,853 N.W.2d 1115 (Ohio 2006)…
Here’s a property owner from Denver, Colorado not afraid to tell us what he really thinks about eminent domain: the URL for his blog is eminentdomainsucks.com.
No surprise that someone who grabbed that domain name is a property owner on the business end of a condemnation action.
The University of Chicago Law Faculty Blog posts a link to a summary of a Cardozo School of Law panel discussion of the Atlantic Yards eminent domain case and the Goldstein v. Pataki appeal, and the “pretext” issue in post-Kelo public use litigation.
The Wall Street Journal details impact fee issues in “Rising Use of ‘Impact’ Fees Rankles New-Home Buyers,” with some truly horrific examples, including one couple whom a California city demanded pay a $240,000 fee to get building permits to construct a rural home valued at $500,000, and homeowners who were required to sign…
Some takeaway points:
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