The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the Cutting Edge 2010: Land Use Law from The Urban Lawyer, edited by my colleague Dwight H. Merriam, and which is “[a]n essential resource for practitioners, planning professionals and students, this book provides
2010
Yule Log (Director’s Commentary)
January 13-14, 2011: Fifth Hawaii Land Use Conference
On January 13 and 14, 2011, I’ll be leading two sessions in the fifth Hawaii Land Use Law conference. This one only comes around every two years, so this is your chance to get updated on the hottest topics by a stellar faculty.
My sessions will cover Coastal Issues (which includes shoreline boundary, takings…
En Banc 9th Circuit Decides Guggenheim: Mobile Home Rent Control Ordinance Is Not A Regulatory Taking
This just in: the en banc Ninth Circuit, in an opinion by Judge Kleinfeld (the dissenter from the panel opinion) has concluded that the City of Goleta’s mobile home rent control ordinance is not a regulatory taking. In Guggenheim v. City of Goleta, No. 06-56306 (Dec. 22, 2010), the majority “assumed without deciding” that…
Federal Circuit: Physical Taking Is Complete When Statute Of Limitations Begins To Run
We’re going to wrap up 2010 with a post on our favorite topic, inverse condemnation. While the Ninth Circuit ended the year badly by making hash of both Penn Central and Palazzolo in a rent control case, other federal courts of appeals aren’t so predictably off-key. The Federal Circuit, which hears appeals from the…
Cal Ct App: Facial Equal Protection Challenge To Zoning Ordinance Cannot Tag Along With Invalid As-Applied Challenge, Man
In County of Sonoma v. Superior Court, No. A128734 (Dec. 15, 2010), the California Court of Appeal, First District concluded that an equal protection challenge to the requirement in Sonoma County’s zoning code that medical marijuana dispensaries obtain a permit to operate must have been brought within 90 days of the enactment of the…
New Article – Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Mark M. Murakami and Tred Eyerly. The article is an essay with our thoughts about the U.S. Supreme Court’s decision in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No.
Amazing: A Summary Of Columbia Expansion That Doesn’t Mention “Eminent Domain”
I’m an alum of Columbia University (LLM, 1995), so I’m on the list to receive the semi-regular emails sent out by the law school and the alumni association, informing me about a recent faculty hire, or containing the latest plea to enhance the endowment.
So today, I get this from University president Lee Bollinger, about…
U.S. Supreme Court Declines Review Of Columbia Eminent Domain Case
The Court has denied certiorari in Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010), the case about the New York State Urban Development Corporation’s attempt to take property for a new Columbia campus.
Mark Your Calendars – Feb. 17-19, 2011: Annual ALI-ABA Condemnation Law Programs
Thursday-Saturday, February 17-19, 2011, come join us for the 28th annual presentation of the advanced-level ALI-ABA Course of Study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level ALI-ABA Course of Study, Condemnation 101: Making the Complex Simple in Eminent Domain, both at the Hyatt Regency in Coral Gables…


