April 2009

Two Interesting Eminent Domain Decisions

By Robert H. Thomas on April 8, 2009

Posted in Eminent Domain | Condemnation, Public Use | Kelo

Our thanks to Dwight Merriam for letting us know about these two decisions.

Gold v. Town of East Haddam, No. 18067 (Conn. Mar. 24, 2009) – On one hand, this is a fairly straightforward summary judgment case: are material facts disputed such that a trial is merited? On the other, it involves the question

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Tuesday Round-Up: Forced Farming, Tax Or Taking, RLUIPA Loophole

By Robert H. Thomas on April 7, 2009

Posted in Eminent Domain | Condemnation, Inverse condemnation, Land use law, Nollan/Dolan | Exactions, Property rights, Regulatory takings, RLUIPA | religious land use

Several items of interest:

California Coastal Commission: “You must farm” – As a condition of allowing a Northern California family to build a home, the California Coastal Commission demanded that they dedicate an “agricultural easement” on their 143-acre parcel. In other words, as a condition of use, the Commission requires a family that has never

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New Cert Petition And Amicus Brief On Nollan/Dolan Applicability To Legislative Exactions, In-Lieu Fees

By Robert H. Thomas on April 6, 2009

Posted in Appellate law, Inverse condemnation, Land use law, Nollan/Dolan | Exactions, Property rights, Regulatory takings

A cert petition has been filed seeking review of the Ninth Circuit’s decision in McClung v. City of Sumner, 548 F.3d 1219 (9th Cir. 2008), the case in which the court held:

This case presents an issue of first impression in this Circuit — whether a legislative, generally applicable development condition that does not…

Links From Today’s ABA Teleconference: Hot Topics In Land Use Law 2009

By Robert H. Thomas on April 2, 2009

Posted in Development agreements, Eminent Domain | Condemnation, Events | Conferences, Inverse condemnation, Land use law, Property rights, Public Use | Kelo, Regulatory takings

Thank you to those who were able to join us live for today’s teleconference. Here are the links to the additional cases and other items I mentioned (or wanted to mention) in my session on Public Use and Pretext Update: