2013

Here’s the amicus brief of Atlantic Legal Foundation which urges the Supreme Court to review the Fifth Circuit’s decision in United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013).

That’s the case in which the Fifth Circuit held that the association’s right to collect maintenance fees, recognized as property under…

Remember that decision by the California Court of Appeal which held that the City of San Jose’s “inclusionary housing” exaction was subject only to low-level scrutiny and not the nexus-and-proportionality requirment?

Well, after Koontz, you should not be surprised that the decision has been taken to the next higher level and the California Building…

Here’s the latest from the Wisconsin Supreme Court. In Waller v. American Transmission Co., LLC, No. 2013AP805 (July 16, 2013), the court held that when a partial taking for an easement for transmission lines substantially impaired the economic viability of the remnant parcel, the condemnor is liable for taking the entire parcel.

Gideon Kanner…

A coalition of law professors including property law scholars Richard Epstein, James Ely, and Ilya Somin, along with the Cato Institute have filed an amicus brief supporting the cert petition in Mariner’s Cove Townhomes Ass’n v. United States, No. 12-1453 (cert. petition filed June 12, 2013).

That’s the case in which the Fifth Circuit…

This really was a “blockbuster” Term for the Supreme Court and takings law: no less than three cases (and four, maybe five, if you expand it slightly to include property-owner favorable cases such as Lozman and last term’s Sackett), and as Gideon Kanner noted recently, the CLE sessions are flying fast and furiously.

Here’s one not to miss, not only because it’s free, but because it features our PLF colleague Paul Beard II, arguing and prevailing counsel in Koontz v. St. Johns River Water Mgm’t Dist., No. 11-1447 (June 25, 2013): on Wednesday, July 17, 2013, from 2:00 – 3:30 pm ET, Greenberg Traurig and…

Late last year, we posted the Complaint in a federal court lawsuit originating on Kauai. In that case, the owner of a property that has been designated for resort development for 35 years asserted that the adoption of a Charter amendment by the County’s voters and a follow-on ordinance adopted by the County Council that…

On Wednesday, July 17, 2013, from 4:00 – 5:30 pm ET, I will be a panelist in the American Planning Association’s above-titled teleconference.  The session was put together by our ABA and OCA colleague Dwight Merriam, and in additon to Dwight and me, includes Professors David Callies (U. Hawaii) and Carol Brown (U.

Update: From the July 13 WaPo: As Wal-Mart threatens to walk, what’s next for a dying shopping center? (“The Skyland Shopping Center in Southeast Washington is amost dead. Shops are shuttered and windows broken.” Gee, we wonder why?). See also Gideon Kanner’s thoughts on the story at “Another Kelo Case in the Marking?”…