According to this news release, the Ninth Circuit will offer remote viewing of the upcoming oral arguments in three en banc cases, including the rent control takings case, Guggenheim v. City of Goleta (which we’re following here).
“Remote viewing” does not mean you have to psychically tune into the arguments, nor does
On Tuesday, June 22, 2010 starting at 2:00 p.m., the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in the en banc review of a takings challenge to the City of Goleta’s mobile home rent control ordinance (RCO).
In Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep.
Most of the time when we think of impact fees and other development exactions, Nollan and Dolan spring immediately to mind. In those two cases, the Court established the requirement that exactions have a reasonable relationship (“nexus”) to some ill caused by a proposed development, and be “roughly proportional” to the impact created by the
In City of Oakland v. Schenck, 197 Cal. 456 (1925), the California Supreme Court held that when a railroad’s property is being taken, nominal compensation and not fair market value may be the appropriate measure of “just compensation.”
Schenck held that “where a street is opened across a railroad right of way, the rule
Today, by a 3-2 vote, the Hawaii Supreme Court declined to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009), which held that “Act 73” (codifed here and here) was a taking. [Disclosure:
Here are two opinions just received that look awfully interesting, but that we haven’t had a chance to read in detail:
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Missed our live blog of the the New York Court of appeals oral arguments in Kaur v. New York State Urban Development Corp. the case in which the Appellate Division struck down an attempt to take property north of Columbia University in New York City because of the record reflected overwhelming
Yesterday, we filed an amicus brief in an appeal we wrote about earlier, In re Trustees Under the Will of the Estate of James Campbell, No. 30006. The appeal involves the nature of “Torrens” title and, in a broader sense, the nature of property rights themselves.
Hawaii is one of the few remaining
Comes news that the State Land Use Commission has reclassified a large portion of state-owned land in east Oahu from “urban” to “conservation.” See Ka Iwi shoreline area reclassified as conservation land (via Hawaii News Now) and Ka Iwi coast gets added protection (via the Honolulu Advertis…Honolulu Star-Advertiser). The reports state the
Here are the final briefs 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). That’s the case in which the U.S. Supreme Court is being asked whether the “undivided fee rule,” as