On October 16, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Rumber v. District of Columbia, No. 09-7035, the appealchallenging an attempt to take a shopping center by the District of Columbia andthe National Capital Revitalization Corporation. We previewed the arguments and posted the briefs of the parties here
October 2009
Latest Additions To The Blogroll
By Robert H. Thomas on
Posted in Uncategorized
Here are the latest blogs we’ve added to our list:
- California Eminent Domain Report – A fairly new, and very active blog from the Nossaman firm’s Eminent Domain and Valuation Group.
- Section 1983 Blog – A fun blog about our second favorite cause of action.
- The California Constitution – Following the California Supreme Court, and
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Latest HAWSCT Decision In “Ceded Lands” Case: Standing? Yes, Ripe? No.
By Robert H. Thomas on
Posted in Appellate law, Land use law
Remember the “ceded lands” case? The one where the U.S. Supreme Court held 9-0 that the U.S. had absolute fee simple title to the ceded lands, and that the Apology Resolution was hortatory fluff? See Hawaii v. Office of Hawaiian Affairs, 129 S. Ct. 1436 (2009). We were all over that case, which…
Latest Interesting Opinions
Here are some recently-released opinions; none so earth-shattering that they merit their own post, but definitely worth reading:
- People ex rel. Dep’t of Transportation v. Acosta, No. C059064 (Cal. Ct. App. Oct. 26, 2009) – In an eminent domain case, the California Court of Appeals, Third District concludes that a claim for lost goodwill
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New Article: Recent Developments in Public Use and Pretext in Eminent Domain
Each summer, The Urban Lawyer (the ABA’s Section of State and Local Government Law‘s peer-reviewed law review), devotes an issue to recent developments in various areas of law. A subscription to the journal, which is published each quarter, is among the benefits of section membership. The just-published Summer 2009 issue includes my article on…
More On New Jersey’s “Bizarre Condemnation”
By Robert H. Thomas on
More about Klumpp v. Borough of Avalon, the decision from New Jersey’s Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation.
In Avalon stole land, appeal to New Jersey high court claims, the Atlantic City paper reports on the case:
A Moorestown couple is…
Media Reports On HAWSCT “Residency” Decision
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
Here are a couple of reports about yesterday’s decision by the Hawaii Supreme Court in Dupree v. Hiraga, No. 29646 (Oct. 20, 2009):
- Kaho‘ohalahala not a Lanai resident (The Maui News)
- Activist is not a Lanai resident, court says (Honolulu Star-Bulletin)
The court held that inorder to establish residency as a voter, a person…
Solicitor General To Get Face Time In Judicial Takings Case
In an order issued yesterday, the U.S. Supreme Court granted the SG’s motion for leave to participate in oral argument as amicus curiae and for divided argument in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The federal government’s amicus brief is available here…
HAWSCT: “Residency” Requires Physical Presence Plus Intent
By Robert H. Thomas on
Posted in Appellate law, Voting rights | election law
In an opinion issued today, the Hawaii Supreme Court held that in order to register to vote as a resident of a district, a person must have a fixed habitation in the district in which he is attempting to register, as well as a “physical presence” there. Dupree v. Hiraga, No. 29646 (Oct. 20, …
“A Bizarre Condemnation”
By Robert H. Thomas on
Remember a while back when we noted that a property owner has asked the New Jersey Supreme Court to review what we called a “Kafkaesque” decision by the Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation? See Klumpp v. Borough of Avalon, No. A-2963-07…