In City of Omaha v. Tract No. 1, No. A-09-323 (Jan. 26, 2010), the Nebraska Court of Appeals held that a post-Kelo “no takings for economic development” statute did not prohibit the city from taking property for a decleration lane on a public road simply because the lane leads to a “well-known national
Before Choosing Paper Or Plastic, You Need Environmental Review
Environmental review, as one California municipality discovered, is a double-edged sword, even if the action the city undertakes is supposedly to protect the environment.
The opinion of the California Court of Appeal (Second District) in Save the Plastic Bag Coalition v. City of Manahattan Beach, No. B215788 (Jan. 27, 2010) isn’t all that earth-shattering
New Book: At the Cutting Edge 2009: Land Use Law from The Urban Lawyer
One of the benefits of doing your own blog is that every now and then you are allowed to engage in a little shameless self-promotion (what’s this “every now and then?”).
Well, here goes.
The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the
Post-Argument Podcast On Florida Judicial Takings Case
The Federalist Societyhas posted a podcast of my Pacific Legal Foundation colleague Jim Burling discussing Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
If that doesn’t work for you, go here to download the mp3.
The Stop the Beach Renourishment case, which has been
Eagle On Regulatory Takings (4th ed. 2009)
I just received my copy of the latest edition of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis, 4th ed. Dec. 2009).
Like the earlier editions, this is a must-have for every land use and property law attorney’s back bookshelf.
Chapters include “Property Rights and Their Sources,” “The Ascendancyof Land Use Regulation,” “Analytical
Developer’s Brief In Hawaii Eminent Domain Abuse Case: Pretext, Actual Purposes, And Private Benefit
The developer in the two condemnation cases arising out of the County of Hawaii’s attemptsto take a Kona family’s property has filed its Answering Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship.
We posted the County’s Answering Brief here.
We represent the property owner in these
Government’s Brief In Hawaii Eminent Domain Abuse Case: Pretext, Actual Purposes, And Private Benefit
The County of Hawaii has filed its Answering Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship,two condemnation cases arising out of the County’s attemptsto take a Kona family’s property. The brief responds to the Opening Brief which my Damon Key colleagues Ken Kupchak, Mark Murakami
New Paper On Washington State’s Approach To Nollan/Dolan Exactions – Do Generalized Assessments Satisfy The “Essential Nexus” Test?
My Pacific Legal Foundation colleagues Brian Hodges and Daniel Himebaugh have posted a new paper on Nollan/Dolan exactions: Have Washington Courts Lost Essential Nexus to the Precautionary Principle? – Citizens’ Alliance for Property Rights v. Sims, available on SSRN here. The authors’ summary:
ThisArticle examines how Washington State courts have allowed theprecautionary principle to
New SCOTUS Cert Petition From Kauai: Is Surrender Clause In State Lease A Taking?
Recently, the owners of vacation cabins located on leased land in a state park on the island of Kauai filed a cert petition which asks the U.S. Supreme Court to review an unpublished decision of the Hawaii Intermediate Court of Appeals which held that the State did not run afoul of the Takings Clause when
New Article On Florida Beach Judicial Takings Case
The most recent edition of State & Local Law News has an article summarizing the arguments in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
That case, which has been argued and is currently awaiting disposition by the Supreme Court, asks whether a state