In Eagan Economic Development Authority v. U-Haul Company of Minnesota, No. A08-0767 (May 19, 2009), the Minnesota Court of Appeals held that when a delegation of eminent domain power from a municipality requires a redevelopment agency to enter into a development agreement before acquiring property, the agency is without power to take property until
Book Review: Ben: A Memoir, from Street Kid to Governor
The
Ben: A Memoir, From Street Kid to Governor (available from Amazon here) isn’t all that much different from other politicians’ autobiographies, which are
Government Must Pay 100% Of Owner’s Defense Fees In Illegal Condemnation
Under Haw. Rev. Stat. § 101-27, when a condemnation action is “abandoned or discontinued before reaching a final judgment, or if, for any cause, the property concerned is not finally taken for public use,” the condemnor is liable for:
all such damage as may have been sustained by the defendant by reasonof the bringing
Materials And Links From Today’s Water Law Seminar
To those who attended today’s seminar “Integrating Water Law and Land Use Planning,” thank you. The materials from my session on “Water Rights, Property Rightsand the Law of Settled Expectations” are below.
- Kaiser Aetna v. United States, 444 U.S. 164 (1979) – the Hawaii Kai Marina case – physical invasions, regulatory takings, and interference
Upcoming Water Law Seminar – Integrating Water Law and Land Use Planning
There’s still time to register for the upcoming seminar “Integrating Water Law and Land Use Planning,” being held in Honolulu at the Ala Moana Hotel on Thursday, May 14, 2009 from 9am – 4:30pm. I’ll be leading the session on “Water Rights, Property Rights and the Law of Settled Expectations,” and my Damon Key colleage
Damages Flowing From A Failed Condemnation: Motion For Reconsideration
On behalf of the property owner, we’ve filed a Motion for Reconsideration (filed May 1, 2009) of the Hawaii Supreme Court’s latest opinion in which the court held that a condemnee who appeals the denial ofdamages for a failed taking is entitled to damages it sustains onappeal. The opinion had three points that merited correction:
Monday Eminent Domain Round-Up
Here’s what we’ve been reading today:
- There Goes the Neighborhood: A Fight Over Defining “Blight” – the Wall Street Journal focuses on the blight issue, which in most jurisdictions is a case of the tail wagging the dog: if the government wants your property, it’s “blighted.”
- From the Florida Bar Journal, Eminent Domain: Identifying Issues
Friday Round-Up
Items of note for your Friday consideration:
WA Court Of Appeals: Delegations Of Eminent Domain Power To Municipalities Strictly Construed
A state law providing that airport boards may exercise the powers of the municipalities which appoint them, but which also requires a condemnation action by an airport board “be instituted in the names of the municipalities jointly,” prohibits an airport board from instituting an eminent domain suit in its own name. In Spokane Airports v.
Op-Ed: Money Is Property – Monetary Exactions And Nollan/Dolan
The Washington Examiner has published an op-ed about McClung v. City of Sumner, 548 F.3d 1219 (9th Cir. 2008), petition for cert. filed May 2, 2009, “When the Government Takes Your Money, It Takes Your Property,” by Cato Institute’s Ilya Shapiro and Pacific Legal Foundation’s Lauren Wiggins (who filed an amicus brief