In City of Dallas v. Stewart, No. 09-0257 (Jan. 27, 2012), the Texas Supreme Court provided a good reminder of the importance of property rights and due process, even when protecting rights may inconvenience the government. In that case, the court held that a determination by a city agency that a home was a
CFC, New Orleans Edition
Last week, San Diego was on our karmic radar, as we were there for the annual ALI-ABA Eminent Domain conferences and there were a couple of cases and issues involving San Diego that popped up. This week, we’re off to the ABA Midyear meeting in New Orleans, so guess where the cases are coming from?
ALI-ABA Annual Eminent Domain Conference, San Diego: “The Role of Hawaii’s Unique Property Law in the U.S. Supreme Court’s Takings Cases”
Here are the cases Professor Callies and I discussed in today’s session at ALI-ABA’s Eminent Domain and Land Valuation conference:
- McCandless v. United States, 298 U.S. 242 (1936) – an offer of proof that irrigation water could be transported to the land was not too “remote and speculative,” and should have been allowed
Cal App: “Denial” Of Rezoning Is The Same As “Adoption” Or “Amendment” Of Zoning For Limitations Purposes
Under California law, there’s a short statute of limitations (technically, it’s a “statute of repose” but who’s quibbling) for challenges to local government zoning decisions. The statute requires that a challenge must be filed within 90 days to “attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend
Fed Circuit On The Difference Between “Temporary” And “Permanent” Physical Takings
The San Diego area must be on the karmic radar this week, and here’s the latest: a Federal Circuit decision in a case involving the U.S. Border Patrol’s activities on private land on the border with Mexico. In Otay Mesa Property, L.P. v. United States, No. 2011-5002 (Jan. 25, 2012), the court held that
Tuesday Round Up: Cal Redevelopment Drawdown To Hurt Animals, Children; Thank You Public Workers For Saving Hawaii
Here’s what we’re reading today:
- Oakland budget cuts his zoo, Children’s Fairyland – from the San Francisco Chronicle: “In all, more than $28 million will be sliced from the budget, mostly from the $388 million general fund. The cuts are due to the loss of redevelopment funds, which Oakland used to fund services and
Fla App: Inverse Condemnation Triggers “Sword-Wielder” Venue Exception
Here’s a short one for you civil procedure mavens: in Pinellas County v. Baldwin, No. 2d11-2274 (Jan. 20, 2012), the District Court of Appeal (Second District) concluded that a property owner could bring an inverse condemnation action against the County of Pinellas in a court in the County of HIllsborough.
Under Florida procedure, when
9th Cir: No Vested Rights Taken By Oregon’s Measure 49
We’ve been watching Bowers v. Whitman, No. 10-24966 (Jan. 12, 2012), the case which challenged Oregon’s Measure 49, the statute adopted by initiative that replaced and modified the earlier Measure 37. Measure 37, for those not aware, was the initiative measure by which Oregon voters required the state to compensate owners whose private property
Tonight: San Francisco Screenings Of “Battle For Brooklyn” At The Roxie
San Francisco Bay Areans: come join us at the Roxie Theater (3117 16th Street between Valencia and Guerrero, San Francisco) tonight for screenings of Battle for Brooklyn, the Oscar-shortlisted documentary film about the Atlantic Yards eminent domain case. Two shows, 7:00 and 9:00 p.m. Details, including ticket purchase here.
I’ll be
“Urbanized” – Land Use And Planning Documentary Released
Thanks to the Land Use Prof Blog for getting the word out about the new documentary “Urbanized.” It’s next up on our “to watch” list, and we will have a review when we’ve seen it. The New York Times had this to say:
The mingling of design and happenstance is, to some extent