Today, on behalf of Owners’ Counsel of America, we filed this amicus brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the case in which the Federal Circuit held that flooding caused by the Corps of Engineers was only temporary, and did not result in
New Book: The Law of Eminent Domain (A Fifty State Survey)
Just published: the ABA Section of Litigation (Condemnation, Zoning, and Land Use Committee) has released The Law of Eminent Domain — A Fifty State Survey (First Chair Press 2012). This book is a “single resource for eminent domain practitioners … a reference for questions about eminent domain and condemnation procedure in every state and the
Is The Obamacare Decision The New Kelo?
Those disappointed by the Supreme Court’s decision in the ACA cases have searched for a silver lining in an otherwise devastating defeat: five justices would prohibit the Commerce power from reaching inaction, a Machiavellian CJ Roberts took the long view, that this is the Chief’s Marbury v. Madison moment. Yeah, other than that
Professor Kanner On Justice Ginsburg’s Eminent Domain Illiteracy
In Eminent Domain and the Obamacare Decision, Gideon Kanner also looks for the eminent domain angle in the recent opinions on the legality, vel non, of the ACA. In particular, he challenges the casual assetion in Justice Ginsburg’s opinion that eminent domain an “unwanted sale,” that there is such a thing as an
“Forget it Jake, it’s Chinatown”
A good read from the LA Times, “DWP lawsuits over water rights may put the squeeze on Mammoth Lakes,” about Los Angeles’ Chinatown-esque efforts to (further) control water rights in the Eastern Sierra. For another angle on a related issue, see this post from the Legal Planet blog.
See, Hawaii doesn’t
Supreme Court Declines To Review Challenge To Native Hawaiian Property Tax Exemptions
The Courrt has denied certiorari in Corboy v. Louie, No. 11-336, the case asking the Court to review the Hawaii Supreme Court’s dismissal of a challenge to the property tax exemptions conferred on lessees of Hawaiian Homesteads. The petitioners claim this is an unconstitutional race-based classification, but the Hawaii Supreme Court dismissed for lack
Does The “If It Looks Like A Tax And Walks Like A Tax, It Is A Tax” Rule Apply To Public Use?
We haven’t followed the Obamacare cases except as interested observers, and have largely avoided digging deep into the opinions, preferring to allow minds immeasurably superior to ours to provide the high-altitude view. However, we naturally scanned the majority opinion for any tie-in to our favorite topic, eminent domain.
Starting on page 33, the Chief
Petitioner’s Merits Brief In SCOTUS Takings Case: Even Temporary Flooding Requires Compensation
Here’s the petitioner’s merits brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), a case from the Federal Circuit that we’ve been watching.
In a 2-1 decision, the Federal Circuit held that flooding caused by the Corps of Engineers was only temporary, and did
Amicus Brief: A Temporary Regulation Can Work A Penn Central Taking
Here’s a key amicus brief in support of the cert petition in CCA Associates v. United States, No. 11-1353 (cert. petition filed May 8, 2012). In that case, the Court of Federal Claims concluded that it was a taking for Congress to prohibit a property owner from prepaying a government-issued mortgage, which required it
SCOTUS Delays Consideration Of Challenge To Hawaiian Homes Property Tax Exemption (Yet Again)
Lost in all the excitement over today’s ruling in the the Obamacare case that turned out not to be today, is this little tidbit for those from Hawaii. The Court yet again did not make a decision whether to grant cert in Corboy v. Louie, No. 11-336, which had been scheduled for last