As we noted in this post, the recent U.S. Court of Appeals for the Fifth Circuit decision in Severance v. Patterson, No. 07-20409 (Apr. 23, 2009) is garnering a lot of commentary for the dissenting judge’s opening ad hominem and the majority’s terse response. Earlier, we summarized the substantive issues in the case,
Fifth Circuit: Fourth Amendment Seizure Of Beachfront Land Claim Not Subject To Williamson County Ripeness
A very interesting decision from the U.S. Court of Appeals for the Fifth Circuit in Severance v. Patterson, No. 07-20409 (Apr. 23, 2009).
While much of the commentary about the case (see, e.g., here, here, and here) has focused on the dissenting opinion’s ad hominem on the plaintiff’s
West Hawaii Today On Latest HAWSCT Opinion In Eminent Domain Abuse Cases
The Big Island’s West Hawaii Today reports “Both sides claim win in latest ruling” about the Hawaii Supreme Court’s recent opinion in the cases involving the County of Hawaii’s attempt to take the property of a Kona family to meet the County’s obligations under a development agreement with the developer of the Hokulia
HAWSCT: Property Owners Entitled To Attorneys Fees & Costs On Condemnation Appeal
In the latest reported decision arising out of the County of Hawaii’s attempt to take property, the Hawaii Supreme Court held that a condemnee who appeals the denial of damages for a failed taking is entitled to damages it sustains on appeal.
Guest Post: Of Shoes and Ships, Eggs and Farms; Or, Penn Central Through the Looking Glass
Economist Bill Wade offers his thoughts on the recent (and latest) Rose Acre decision by the Federal Circuit, a case we summarized here.
__________________________________
Of shoes and ships, eggs and farms; Or, Penn Central through the Looking Glass
by William W. Wade, Ph.D.
Fans of arcane takings decisions will not find a more economically
Minn Court Of Appeals: No Taking Of Church Property For Sidewalk Without Consent
In City of Jordan v. Church of St. John the Baptist of Jordan, No. CV-07-24976 (Apr. 14, 2009), the Minnesota Court of Appeals held that a state law requiring the consent of a church’s governing board before its land can be taken for road or street purposes requires consent before a city can take
New York Times Profiles Kelo, The “Eminent Domain Crusader”
In “Spotlight Finds Eminent Domain Crusader,” the New York Times profiles Susette Kelo, the name behind the infamous eminent domain decision Kelo v. City of New London, 545 U.S. 469 (2005), and the subject of a recent book about the case, Little Pink House – A True Story of Defiance and Courage
Little Pink House Event Report
I was fortunate enough yesterday to attend an event with Jeff Benedict, who spoke about his recently-published book Little Pink House – A True Story of Defiance and Courage (Grand Central Publishing 2009) (available from Amazon here).
Little Pink House gives the backstory to the infamous Supreme Court eminent domain decision Kelo v.
Monday Round-Up
Several diverse items, for your consideration:
- Columnist George Will opines about the Empress Casino Joliet case — the one where the Illinois Supreme Court held that aregulation imposing a 3%”surcharge” on Illinois casinos with gross receipts over $200 millionper year, and then gives the money to horse racing tracks is not ataking of property. The
Professor Van Dyke’s Who Owns The Crown Lands Of Hawaii – Book Review By Paul Sullivan, Esq.
Attorney Paul M. Sullivan, currently a lawyer for the U.S. Navy but formerly an adjunct professor at the U. Hawaii Law School and a member of the Hawaii State Advisory Committee to the U.S. Commission on Civil Rights, has reviewed U.H. lawprof Jon Van Dyke’s book, Who Owns the Crown Lands of Hawaii (U.H. Press