On Friday, April 30, 2010, as part of the Spring Meeting of the ABA’s Section of State and Local Government Law, I’ll be presenting a paper Recent Developments in Challenging the Right to Take in Eminent Domain (SSRN posting here) during the “Land Use Hot Topics” program.
If you are in South Florida, the
A new opinion from the Indiana Supreme Court that reminds us somewhat of the “bizarre condemnation” case now awaiting decision in the New Jersey Supreme Court. In Murray v. City of Lawrenceburg, No. 15S04-0907-CV-310 (Apr. 20, 2010), the court held the claims of a property owner who asserted that the government wrongly
Kuilima Resort Company has asked the Hawaii Supreme Court to reconsider or clarify its opinion in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu, No. 28602 (Apr. 8, 2010)), in which the court held that a supplemental environmental impact statement is required when a project’s context
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
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
What we’re reading today:
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
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
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
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.”