If you can figure out the syntax of this post’s headline, you’ve just figured out the rationale of the Wisconsin Supreme Court in E-L Enterprises, Inc v. Milwaukee Metropolitan Sewerage District, No. 2008AP921 (July 2, 2010). In that case, the court held that the removal of groundwater was not a compensable taking because the
New Article On Legislative-Adjudicative Distinction In Nollan/Dolan Analysis
Heads up on a new article of interest to those of us who deal with exactions and Nollan/Dolan: Matthew Baker, Much Ado About Nollan/Dolan: The Comparative Nature of the Legislative Adjudication Distinctions in Exactions, 42 Urban Lawyer 171 (2010). Here’s a summary:
Much has been made, by both commentators and
HAWSCT Finds Zoning Statutes Are “Environmental” Laws – Court Creates A Private Right Of Action To Enforce Chapter 205
The Hawaii Supreme Court today by a 4-1 margin issued an opinion that has fundamentally rewritten Hawaii land use law. In County of Hawaii v. Ala Loop Homeowners, No. 27707 (cert. granted Sep. 2, 2009), the four-Justice majority in an 81-page opinion authored by Justice Recktenwald held “[w]e further conclude that article XI, section
Curb Appeal In South Dakota: No Special Benefit To Property Means That Special Assessment Is A Taking
A rule of law set out over 100 years ago and which remains (as we say) good law qualifies as “well-established” by any standard. Village of Norwood v. Baker, 172 U.S. 269 (1898) set forth the rule that a special assessment for municipal improvements is only constitutional if the improvements result in the property
Book Review: Federal Land Use Law and Litigation, 2010 edition
I’ve just received my copy of the 2010 revision of Federal Land Use Law & Litigation by Brian W. Blaesser and Alan C. Weinstein (West, $225).
Here’s the description of the book from West’s site:
Examines all federal, constitutional, and statutory limitations on local land use controls, discussing cases, regulations, liability, defense strategies, doctrines, and
Final Brief In Torrens Title And Public Trust Appeal
The State of Hawaii has filed a brief responding to the amicus brief we filed in June in In re Trustees Under the Will of the Estate of James Campbell, No. 30006, an appeal now under review by the Hawaii Intermediate Court of Appeals. The issues in the case include the nature of “Torrens”
New Jersey Monday
Two unreported opinions arising out of cases from New Jersey. We won’t be reviewing them (they are not precedential after all), but you may want to check them out if you are interested in public use and redevelopment (case #1), or inverse condemnation by permit denial (case #2):
11th Circuit: Ixnay On The Vacay Rental Lawsuit
Not much new in Numont v. State of Florida, No. 04-13610 (11th Cir., July 2, 2010) (per curiam). There, property owners sued to enjoin a Monroe County (aka the Florida Keys) ordinance that prevents “vacation rentals.” The opinion makes short work of two issues.
First, the court disposed of the claim that the ordinance
Friday Round-Up: Kagan On Property, RLUIPA, Second Amendment, CEQA, And Title VII (Yes, Title VII)
What we’re reading today – not all of it property or land use law related:
- SCOTUS Nominee Kagan on Property Rights (The Eminent Domain Law Blog)
- River of Life Kingdom Ministries v. Villlage of Hazel Crest, No. 08-2819 (7th Cir., July 2, 2010) (en banc) – the Seventh Circuit details the proper standard for
Are Property Rights A “Conservative” Issue?
Think property rights are a “conservative” issue? To challenge that notion, read Black Landowners Fight to Reclaim Georgia Home in today’s New York Times. It tells the story of African-American property owners whose homes were condemned years ago, who now may have a second chance:
In 1942, Harris Neck, a thriving community of black