It’s been what — just over 90 years — since the U.S. Supreme Court recognized the modern regulatory takings doctrine in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922)? And in that time, the Court still hasn’t quite hammered down the theory of what it means to “take” property when some other power
Texas: Which Judgment Rules In An Inverse Case?
Here’s a quick one from the Texas Supreme Court. Texas, Dep’t of Transportation v. A.P.I. Pipe and Supply, LLC , No. 10-1020 (Apr. 5, 2013) is an inverse condemnationut the issue isn’t really one of inverse condemnation, but who owns the property. If the City of Edinburg does, then TxDOT didn’t inversely condemn API’s
Ebert On “The Castle”
Film critic Roger Ebert, whose death was announced yesterday, was a huge fan of our favorite eminent domain movie, Australia’s The Castle. Not so much a fan in the four-star-auteur-director-Fellini-Malick-Herzog mode, but a fan in the sense that when it came time for programming for his personal film festival and others, he selected it
2013 Brigham-Kanner Property Rights Prize: Professor Thomas Merrill
William & Mary Law School, host of the annual Brigham-Kanner Property Rights Conference, has announced that Columbia Law School Professor Thomas W. Merrill will receive the 2013 B-K Prize at the conference (October 17-18, 2013, Williamsburg, Virginia). The photo above is of the plaque on the wall at the William & Mary Law School
J.R. (Or Major Nelson) Adversely Possesses Neighbor’s Land
Here’s one of those owner-puts-up-a-fence-that-is-actually-on-his-neighbor’s-property situations, this time with a very Hollywood twist.
The owner, you see, was Larry Hagman, of Dallas and I Dream of Jeannie fame. Seems the fence between his Ojai, California property and that of his neighbors, a religous group, was .44 acres into their land, and Hagman claimed
Wednesday Round-Up: Houseboat Redux, Backtracking Post-Kelo, Arkansas Game Remand, Big Gulps
Here’s what’s on our reading list today:
- Here’s the latest chapter in the saga of one Fane Lozman, whose titling at windmills got some Supreme Court love recently when the Court held that his floating home was not a “vessel” under admiralty law, and a Florida city was wrong to seize it. My Damon
Hawaii Supreme Court Justice Sabrina McKenna Interview
Worth watching: Hawaii Reporter‘s exclusive interview with Associate Justice Sabrina McKenna. No spoilers — watch it yourself.
Amici Brief: Arkansas Game Did Not Overturn Well-Settled Test For Physical Takings
Following on the filing of the parties’ briefs on the remand in Arkansas Game from the Supreme Court, is this amici brief filed last week by the the Pacific Legal Foundation, the Cato Institute, the National Federation of Independent Business Small Business Legal Center, and the National Association of Home Builders in support of the
Indiana App: Timing Of Objection To Appraiser’s Report Is Not A “Real” Jurisdictional Problem
Here’s a quick one from the Indiana Court of Appeals, about when a party must object to an appraiser’s report, and the reaction to that objection by the condemnor.
In Clark County Bd of Aviation Commissioners v. Dreyer, No. 10A01-1206-PL-288 (Mar. 21, 2013), the property owner did not object to the report of three
Is Pig Hunting A “Traditional And Customary” Native Hawaiian Practice?
A most interesting case has been briefed and is awating argument in the Hawaii Intermediate Court of Appeals. But first, some background.
In Public Access Shoreline Hawaii v. Hawaii Planning Comm’n, 79 Haw. 25, 903 P.2d 1246 (1995), the Hawaii Supreme Court held “[o]ur examination of the relevant legal developments in Hawaiian history leads