Today, the Texas Supreme Court issued opinions in Severance v. Patterson, No. 09-0387, the case before the court on certified questions from the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit asked whether Texas recognizes a “rolling” beachfront access easement (a public easement on littoral property that moves with naturally caused
Cal App: Sale To Private Redeveloper Under Threat Of Condemnation Is A “Change Of Ownership” Under Prop 13
Here’s one for your California readers. You know Proposition 13, the provision in the California Constitution that limits property tax increases, and allows reassessment of value only upon a change of ownership, and you either love it or hate it: to some it insulates property owners from being forced out of their homes by
BIO In SCOTUS Just Compensation Case
Here’s the BIO in in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012), the case in which a Manhattan property owner and developer is challenging the compensation awarded by New York courts for a taking near Lincoln Center.
The Appellate Division denied
In Other News On Obamacare Monday
Today is the first 90 minutes of the epic three-day appellate arguments in the “Obamacare” Supreme Court cases. No doubt, coverage of the arguments will suck all the air out of the punditry room, and leave little space for discussion of anything else.
As it should be. Whatever the outcome, these arguments are going to
ALI-ABA Eminent Domain Conference 2012 Now On DVD & CD
In case you missed attending in person back in January, the annual eminent domain law conference (ALI-ABA’s Eminent Domain and Land Valuation Litigation) is now available on CD, mp3, and DVD here.
I was on the faculty, and along with Professor David Callies presented a session on The Role of Hawaii’s Unique Property
D.C. App Again Weighs In On Kelo And Pretext
Here’s the latest chapter in the Skyland Shopping Center saga that has given us Franco v. National Capital Revitalization Comm’n, 930 A.2d 160 (D.C. 2007) and several other reported opinions (DeSilva v. District of Columbia, No. 10-CV-1069 (Feb. 24, 2011); Rumber v. District of Columbia, 487 F.3d 941 (D.C. Cir. 2007)
Sackett Round Up
Here’s what folks are saying about yesterday’s 9-0 Supreme Court decision in Sackett v. EPA, No. 10-1062 (Mar. 21, 2012):
- Unanimous Supreme Court Rules in Favor of Property Owners in Sackett v. EPA (lawprof Ilya Somin at Volokh Conspiracy)
Guest Post: The DOJ And The Definition Of Insanity
Today’s commentary is by our colleage Thor Hearne, who regularly represents property owners in the Court of Federal Claims, the Federal Circuit, and the Supreme Court. He recently joined us on the faculty of the ALI-ABA eminent domain program in San Diego, and spoke at the 2011 Brigham-Kanner Property Rights Conference in Beijing.
Petitioner’s Reply Brief In New York Rent Control Case: “Permanent dispossession is nine-tenths of this law”
Here is the Reply Brief in Harmon v. Kimmel, No. 11-496 (filed Mar. 20, 2012), the case in which a Manhattan property owner is challenging New York’s rent control law as unconstitutional:
Respondents confuse the issues with their scattershot assertions that rent stabilization concerns merely “landlord tenant relations,” “economic regulation,” “price controls” and “economic
Unanimous SCOTUS: Property Owners Entitled To Judicial Review Of EPA “Compliance Order”
Update 2: more commentary here.
Update 1: Two quotes worth noting:
“Scalia joked in summarizing the decision from the bench that the Sacketts were surprised by the EPA decision that their land contained navigable waters of the United States ‘having never seen a ship or other vessel cross their yard.”” Oh Justice Scalia: you