Just don’t. Thank you.
Video: Richmond’s Mayor On Eminent Domain To Take Mortgages
From The Mayor (G): we’re “[t]aking these troubled loans off the hands of the [predatory] banks … and we’re paying them fair market value.” The video just gives you a whole lot of confidence that they know what they’re doing, does’t it?
The elephant in the room Her Honor doesn’t address about one big reason
Federal Courts Can’t Be “Super Zoning Boards,” But They Can Be Hall Monitors
We’ve ranted extensively about how the takings-only ripeness rules of Williamson County just don’t hold water, but until the Supreme Court revisits and overrules that decision, we’re stuck with it. The federal courts we’re told, just don’t like sitting as “super zoning boards of appeal,” and adjudicating federal constitutional issues are simply beneath Article III
Mortgage Monday
That story about Richmond, California starting down the path of using eminent domain to take underwater mortgages is taking on a life of its own. Here’s the latest.
Before we bombard you with links to the most recent commentary and stories, here’s some backstory. Remember how we said this was taking on an “Occupy” flavor
Fed Chair Bernanke Must Testify In AIG Takings Case
Remember that “audacious” case filed in the Court of Federal Claims by überlawyer David Boies on behalf of Starr International seeking $35 billion in just compensation for the federal takeover of AIG?
Well, it’s moving along, and apparently is in discovery (every lawyer’s favorite part of the case). Boies sought the deposition testimony
Wednesday Round-Up: Koontz Recording, Jersey Shore Dunes, Plastic Bag Bans
Here’s what we’re reading today:
- Here’s the recording of the recent webinar on the U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Mgm’t Dist., No. 11-1447 (June 25, 2013), featuring Paul Beard II, arguing and prevailing counsel. Go here, sign in, and listen for free.
- Our Owners’ Counsel colleague from
Hey Look, Free Money!
Update: Here’s more from the San Francisco Chronicle. As you read this and other stories on the issue, this begins to take on an “occupy” tone and a let’s-stick-it-to-the greedy-lenders flavor. Not a good sign for a considered use of eminent domain.
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Like a visiting relative, the proposal to
4th Cir: Town Waived Williamson County State Court Defense By Removing Case To Federal Court
What’s this, a federal court actually allowing a federal Fifth Amendment claim to be litigated in federal court? Why that’s as rare as hen’s teeth, although it shouldn’t be.
That’s the ruling of the Fourth Circuit in Sansotta v. Town of Nags Head, No. 12-1538 (July 25, 2013), which reversed the district
Fla App: “Pregnant Pig” Constitutional Amendment Took Farmer’s Property
Did you know that in 2002, the voters of Florida adopted a “pregnant pig” amendment to the state’s constitution? Well, neither did we. The amendment, effective in 2008, makes it unlawful for “any person to confine a pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a firm in
Fed Cir: Invoking “Doctrine Of “Necessity” Does Not Automatically Absolve Forest Service For Taking Of Timber
Here’s one for your civil procedure mavens. In TrinCo Investment Co. v. United States, No. 2012-5130 (July 18, 2013), the Federal Circuit reversed the Court of Federal Claims’ dismissal for failure to state a claim of two California property owners’ takings lawsuit.
The case involved the federal government’s response to the “Iron Complex” fires