For those who tuned in to today’s webinar Eminent Domain: Redevelopment Challenges for Local Government, here are the cases I spoke about during my session:
- Amy Lavine’s law review article with the backstory of Berman v. Parker – Urban Renewal and the Story of Berman v. Parker, 42 Urban Lawyer 423 (2010) (article posted here).
- Franco v. National Capital Revitalization Corp., 930 A.2d 160 (D.C. 2007) (pretextual takings under Kelo).
- County of Hawaii v. C&J Coupe Family Ltd. P’ship, 198 P.3d 615 (Haw. 2008) (under Kelo, trial courts presented with prima facie evidence that the stated public use is a pretext to cover up private benefit must look to the real motive for a taking even if the taking is for a “classic” use).
- County of Hawaii v. C&J Coupe Family Ltd. P’ship, 242 P.3d 1136 (2010) (the above case after remand – affirming the legal test but finding that the property owner did not prove pretext, ), cert. denied (2011).
- Goldstein v. Pataki, 516 F.3d 50 (2d Cir. 2008) (pleading pretext under the Iqbal/Twombly standard), cert. denied (2008).
- Goldstein v. New York State Urban Dev. Corp., 921 N.E.2d 164 (N.Y. 2008) (the other Atlantic Yards case; the NY Court of Appeals treats — or, more accurately, doesn’t treat — blight designations under state law).
- 49 Wb, LLC v. Village of Haverstraw, 44 A.D.3d 226 (2007) (“Courts are required to be more than ‘rubber stamps’ in determining whether a taking furthers a public use.”).
- Kaur v. New York State Urban Dev. Corp., 15 N.Y.3d 235, — N.E.2d —- (2010) (New York courts still cannot figure out “blight”), cert. denied sub nom (2011)
- Uptown Holdings, LLC v. City of New York, No. 2882 (App. Div. Oct. 12, 2010) (“Unfortunately for the rights of the citizens affected by the proposed condemnation, the recent rulings in [Goldstein and Kaur] have made plain that there is no longer any judicial oversight of eminent domain proceedings.”).
- Battle For Brooklyn, the Oscar-contending documentary about the Atlantic Yards fight.
- Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, No. 09-0901 (April 19, 2011) (under Texas Constitution, courts make an actual and factual inquiry into the company’s claim that the pipeline would be available for use by the public).
- Eminent Domain – A Handbook of Condemnation Law (ABA 2011) (save yourself the entire Nichols set – here’s a deskbook overview).
- Gallenthin Realty Dev., Inc. v. Borough of Paulsboro, 924 A.2d 447 (N.J. 2007) (“blight” means more than “not fully productive”).
- Middletown Township v. Lands of Stone, 939 A.2d. 331 (Pa. 2007) (takings outside of a comprehensive plan).