Remember Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam), the decision from New Jersey’s Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation?
As noted in this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners’ petition (available
We just wrapped up the annual three-day Festival of Eminent Domain Law, otherwise known as the American Law Institute | American Bar Association’s two CLE conferences, “Eminent Domain and Land Valuation Litigation,”and “Condemnation 101: How To Prepare and Present an Eminent DomainCase.”
Dana Berliner, Matt Fellerhoff and I spoke about about “Winning Arguments in
On Wednesday, Honolulu lost its iconic former Mayor, Frank Fasi. Mayor Fasi will be remembered for a lot of things, but we here at inversecondemnation.com will fondly recall his cheek when it came to exactions and in lieu payments. Two of the more well known examples:
There is still time to register for the two ALI-ABA eminent domain conferences, “Eminent Domain and Land Valuation Litigation,” and “Condemnation101: How To Prepare and Present an Eminent Domain Case,” being heldconcurrently at the Westin Kierland Resort in Scottsdale, Arizona.
Thefirst course is designed for attorneys with some condemnationexperience, while the second is an introduction
In City of Omaha v. Tract No. 1, No. A-09-323 (Jan. 26, 2010), the Nebraska Court of Appeals held that a post-Kelo “no takings for economic development” statute did not prohibit the city from taking property for a decleration lane on a public road simply because the lane leads to a “well-known national
Environmental review, as one California municipality discovered, is a double-edged sword, even if the action the city undertakes is supposedly to protect the environment.
The opinion of the California Court of Appeal (Second District) in Save the Plastic Bag Coalition v. City of Manahattan Beach, No. B215788 (Jan. 27, 2010) isn’t all that earth-shattering
One of the benefits of doing your own blog is that every now and then you are allowed to engage in a little shameless self-promotion (what’s this “every now and then?”).
Well, here goes.
The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the
The Federalist Societyhas posted a podcast of my Pacific Legal Foundation colleague Jim Burling discussing Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
If that doesn’t work for you, go here to download the mp3.
The Stop the Beach Renourishment case, which has been
I just received my copy of the latest edition of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis, 4th ed. Dec. 2009).
Like the earlier editions, this is a must-have for every land use and property law attorney’s back bookshelf.
Chapters include “Property Rights and Their Sources,” “The Ascendancyof Land Use Regulation,” “Analytical
The developer in the two condemnation cases arising out of the County of Hawaii’s attemptsto take a Kona family’s property has filed its Answering Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship.
We posted the County’s Answering Brief here.
We represent the property owner in these