You already know that Associate Justice of the U.S. Supreme Court John Paul Stevens has announced his retirement from the Court. On that august occasion, we look back on his “takings” opinions.
One commentator, lawprof
Land Court, Schmand Court: State Disregards Torrens Title, Claiming Unstated, Preexisting Rights
A fascinating case is now pending in Hawaii’s Intermediate Court of Appeals involving the nature of “Torrens” title and, in a broader sense, the nature of property rights themselves.
Hawaii has had a dual system of land registration. One is your run-of-the-mill system of registering deeds (what we creatively call “Regular System”). The other is
Sunday Eminent Domain Round-Up
What we’re reading today:
- Curbing abuse of eminent domain – A Denver Post editorial on a new Colorado statute designed to limit the power of the government to declare farmland “blighted” (“The new law says land that has been classified by the county assessor as agricultural land cannot be condemned for urban renewal. However, it
New Jersey Appellate Division: For Property To Be Blighted, City Must Do More Than Say It Is Blighted
In Cottage Emporium, Inc. v. Broadway Arts Center, L.L.C., No. A-0048-97T2 (Apr. 16, 2010) (per curiam), the New Jersey Superior Court (Appellate Division) struck down the city of Long Branch, New Jersey’s declaration that properties located in an area of the city known as the “Broadway Corridor” are blighted. The court held that the
8th Circuit: Rooker-Feldman Not Applicable, But Federal Claims Precluded Under San Remo
To paraphrase comedian Jeff Foxworthy, if you understand the title of this post…you might be a regulatory takings lawyer.
And when you hear the terms “Rooker–Feldman” and “San Remo,” you know you are knee deep in the often-bizarre procedural maze where a regulatory takings claim in federal court
Justice Stevens, Takings, Kelo, And Williamson County
U.S. Supreme Court Associate Justice John Paul Stevens recently announced that he’s retiring. In property law circles, he is most recently remembered for authoring the majority opinion in Kelo.
Here’s our collection of Stevens-related takings issues
- David J. Breemer, . Abstract available here.
- George Lefcoe (USC) Book review: Jeff Benedict’s ‘Little Pink House:’ The
Book Review: Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights
I’ve finally had a chance to peruse the recently-published book Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights (ABA Section of State and Local Government Law 2010; $95 regular price; $75 for SLG members).
Takings International is about how 13 jurisdictions worldwide treat what we in the U.S. call “regulatory takings.”
Summary Of HAWSCT Opinion In The Turtle Bay/Kuilima Supplemental EIS Case: A Change In “Context,” But Not The Project, Enough To Trigger Duty To Supplement
Don’t feel like reading all 74 pages of the majority and concurring opinions in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu, No. 28602 (Apr. 8, 2010))? You’re in luck — here’s a summary.
[Disclosure: although I did not participate in this case, two of my
Cal Ct App Gives LA The Business: A Book Buff Is Not A “Book Dealer”
Thank goodness for small things. At least book collectors in Los Angeles do not need to get “secondhand book dealer” permit from the government simply because they buy used books.
In Hopp v. City of Los Angeles, No. B215265 (decided Mar. 9, 2010; published Apr. 6, 2010), the California Court of Appeal (Second District)
Turtle Bay/Kuilima Supplemental EIS Case: Is A Change In “Context,” But Not The Project, Enough To Trigger Supplemental EIS?
This just in: the Hawaii Supreme Court has issued an opinion in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu). In short, the court held that a supplemental environmental impact statement is required when a project’s context changes, even if the project itself has not. The