One of the very first things we addressed in the first year Property class (wonderfully taught by Allen Smith, visiting from Michigan Law) was the ownership of animals: when do wild animals become someone’s “property?” And the very first Latin phrase we incorporated into our new legal lexicon was ferae naturae, the law
ABA Annual Meeting, Toronto
Later this week, I’ll be attending the annual scrum of lawyers known as the American Bar Association Annual Meeting, being held this year in Toronto, Ontario, Canada. I’ll be attending the gatherings of the State & Local Government Law Section and the Litigation Section (Condemnation, Zoning & Land Use Committee), and the meeting of
Utah S Ct: Oil And Gas Deposits Are Not “Mineral Deposits” Under Eminent Domain Statute
Lawyers all know of the canons of statutory construction that usually cause us run for our Latin dictionaries. They provide courts with the means to interpret the words in a statute or apply the code to a particular case, and supposedly are guideposts to guide us through the often-byzantine language of statutes and ordinances. The
Latest In Big Island Takings And Vested Rights Challenge To LUC Reclassification
Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big
9th Cir: California Raisins Were Not Taken
California, if you weren’t already aware, produces raisins. Lots of raisins. It accounts for 99.5% of the U.S. crop and 40% of the world crop.
Since the 1920’s, supply has exceeded demand by 30 to 50 percent. Since the 1940’s, the USDA has regulated the raisin industry to even out the fluctuation in supplies
Texas App To Developer: Eminent Domain Book Just Not That Into You
Note to appellate practitioners: it’s not a good sign when an opinion’s treatment of your arguments starts with the phrase “[t]o the extent we are able to discern the arguments, we address them below.”
As that statement telegraphed, it didn’t go very well for the appellee in Main v. Royall, No. 05-09-1503-CV (July 25
Despite “Complete Vindication” After “An Abuse Of The Condemnation Process,” No Costs
As Mel Brooks once said, “It’s good to be the King.” That’s especially true in eminent domain law. Even when you’re not the King.
Exhibit A: the plaintiff in this federal condemnation action was a railroad, the Dakota, Minnesota & Eastern Railroad Corporation. It brought suit against 97.943 acres of land, more or
8th Cir: No Rooker-Feldman, But San Remo Hotel Precludes Federal Takings Claim
In Edwards v. City of Jonesboro, No. 10-2405 (July 14, 2011), the U.S. Court of Appeals for the Eighth Circuit held that a takings claim brought in federal court after the property owner prevailed on the same claim in state court was not barred by the Rooker-Feldman doctrine, but that the state court judgment
New Cert Petition: What Standard Of Review For RLUIPA “Substantial Burden” Cases?
In a case we’ve been following, a San Francisco Bay Area municipality has filed a cert petition asking the U.S. Supreme Court to review the Ninth Circuit’s opinion in International Church of the Foursquare Gospel v. City of San Leandro, No. 09-15163 (Feb. 15, 2011). In that case, the Ninth Circuit held that the
NC App: Public Use Challenge Is Immediately Appealable
In some states, Hawaii included, the question of whether a taking is “for public use” is entitled to full resolution before addressing the question of just compensation. See, e.g., Haw. Rev. Stat. § 101-34 (public use challenges are entitled to immediate trial, and as-of-right interlocutory appeal). This makes sense since questions of value