July 2010

Ninth_circuit Thanks to the Federal Bar Association (Northern District of California Chapter), today I had the pleasure of attending a panel discussion of the significant cases from the Supreme Court’s recently ended Term.

The panelists discussed “Guns, Free Speech, Criminal Justice, Campaign Finance, Separation of Powers … and ‘Inside Baseball’ Views of the Court

Here’s a case from the North Carolina Court of Appeals that is similar to last week’s decision by the Kansas Supreme Court, in that it involves an inverse condemnation claim resolved by the burdens on the parties in the course of a summary judgment motion.

The public utility decided to install a sewer line

In Kauai Springs struggling, The Garden Island (the Kauai daily newspaper) writes about

The Kauai Planning Commission (Planning Commission) asks this Court to validate a remarkable theory: that in the course of reviewing whether Kauai Springs, Inc. (Kauai Springs) was entitled to three simple zoning permits for its agriculturally-zoned land, the public trust doctrine

Property_1800 I recently picked up a copy of Property Rights – Eminent Domain and Regulatory Takings Re-Examined (Bruce L. Benson, ed., Independent Institute 2010), available on-line here.

At 299 pages and with 13 entries, I haven’t had a chance to read the whole thing yet. But after an initial skim, a few of the chapters

In Hines v. California Coastal Commission, No. A125254 (decided June 17, 2010, ordered published July 13, 2010), the California Court of Appeal (First District) held that the California Coastal Commission properly refused to hear the appeal of a neighbor who opposed the grant of a use permit because the appeal did not present a

In 1978, the people of Hawaii amended the state constitution to recognize “the right to a clean and healthful environment,” and expressly enabled lawsuits by private parties to enforce “laws relating to environmental quality” —

Each person has the right toa clean and healthful environment, as defined by laws relating to environmentalquality, including control of

More on the “judicial takings” case, Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010).

Remember that at the ABA Annual Meeting next month in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of the case. I’ll be moderating, and

Here at inversecondemnation.com we also cover eminent domain, regulatory takings, land use, and environmental issues. We even cover election law when it strikes our fancy.

But here’s one that’s in our core competency: in Frick v. City of Salina, No. 101,355 (July 9, 2010) the Kansas Supreme Court held that property