In County of Cortland v. Miller, No 507725 (Mar. 24, 2010), the New York Appellate Division (Third Department) held that when the county legislature authorized the condemnation of property for a road culvert pursuant to New York’s Eminent Domain Procedure Law, the county highway department must condemn the property pursuant to the EDPL, and
Vermont Supreme Court: Snow Is A Fact Of Life In Vermont
“Our decision today recognizes that snow and snowplowing are facts of life in Vermont, and we do not find a cause of action when defendant has done nothing more than protect public safety by plowing the roads that it has an ongoing legal duty to plow.”
Rent Control Takings Case (Guggenheim) Resource Page
In Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep. 28, 2009), a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the city’s mobile home rent control ordinance (RCO) was a regulatory taking. The court found the case ripe under Williamson County, and addressed the
More About The “Undivided Fee Rule” Cert Petition
A couple of links following up on our recent post about City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).
That’s the case in which the Supreme Court is being asked to review
Links From WMA Presentation – Regulatory Takings, Rent Control, And Guggenheim
Yesterday, I had the pleasure of speaking to members of the Western Manufactured Housing Communities Association about some of the legal issues facing their businesses, and property owners in general. Here are the links I mentioned:
- Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir. 2009) (en banc review ordered Mar. 12,
Home Builders’ Amicus Brief In SCOTUS Eminent Domain Case: Is Wisconsin’s Application Of The Undivided Fee Rule Unconstitutional?
Today, on behalf of the National Association of Home Builders and the Wisconsin Building Association, we filed this brief amici curiae in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).
The brief
“Takings International” Panel Report
Takings International is a comparative study