Here’s one we’ve been meaning to post for a few days. In California Building Industry Ass’n v. City of San Jose, No. H0338563 (June 6, 2013), the California Court of Appeal (6th District) held that the city’s affordable housing exaction might survive judicial scrutiny because it was designed to promote the development of affordable
2013
HAWICA Thwarts State’s Massive Land Grab
Yesterday, the Hawaii Intermediate Court of Appeals issued an opinion in In re Trustees Under the Will of the Estate of James Campbell, No. 30006 (June 13, 2013), a fascinating case involving the nature of Torrens title. In doing so, the court rebuffed the State of Hawaii’s attempted land grab, which would have undermined…
Upcoming ABA CLE: “Supreme Court Takings – A First Look At Koontz And Horne”
By Robert H. Thomas on
Mark your calendars for July 12, 2013 for our CLE teleconference on “Supreme Court Takings: A First Look at Koontz and Horne,” sponsored by the ABA’s State and Local Government Law Section. We’ll start at 1:00 pm ET (Noon CT, 11:00 am MT, 10:00 am PT, 7:00 am HT). Here’s the program…
Thursday Round-Up: A SCOTUS Losing Streak, Prune Yard II Denied, Mortgage Seizures
Here’s what we’re reading today (in addition to the four unanimous Supreme Court decisions issued this morning):
- Obama’s Supreme Court Losing Streak: 0-3 in Property Rights Cases – Damon Root at Reason.
- Supreme Court Declines to Hear Appeal Challenging Califonria Laws Allowing Unions to Picket on Private Property – Brennan Bolt at Labor Relations
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New Cert Petition: Do Pre-Purchase Regulations Negate A Property Owner’s Expectations?
Here’s the cert petition filed last week which asks the Supreme Court to review the Federal Circuit’s unpublished opinion in Mehaffy v. United States (Dec. 10, 2012). In that case, the court affirmed the Court of Federal Claims’ grant of summary judgment to the government, holding that Mehaffy failed the Penn Central test solely because…
Unanimous SCOTUS: There’s More To The Takings Clause Than Just “Just Compensation”
Having now had a chance to review in detail the U.S. Supreme Court’s unanimous opinion in Horne v. U.S. Dep’t of Agriculture, No. 12-123 (June 10, 2013), we were struck by how at least one of the reactions to the decision painted it as a “narrow, specialized ruling” that’s more of a one-off, than…
Pa: Offer To Buy Is Admissible In Compensation Trial
By Robert H. Thomas on
Generally, mere offers to purchase are not admissible in eminent domain trials to show the valuation of the property, because they may be speculative, and not related to the question of value. Pennsylvania follows that general rule.
But it’s not an absolute rule, by far. In Lower Makefield Township v. Lands of Dalgewicz, No.
Libertarian Nightmare: SCOTUS’s Description Of Raisin Death Panel
By Robert H. Thomas on
Posted in Agriculture
So we’re reviewing today’s Supreme Court opinion in Horne v. U S. Dep’t of Agriculture, No. 12-123 (June 10, 2013), and we come across the Court’s description of the raisin marketing program, the New Deal-era federal statute and related regulations that determine how and when raisins are marketed and sold.
The Court’s description of…
Raisin Round-Up: Initial Reports On Horne v. USDA
We haven’t had time to write up our thoughts about today’s unanimous Supreme Court opinion in Horne v. U.S. Dep’t of Agriculture, No. 12-123, but to tide you over until then, here are the initial reports on the case:
- Update: here’s our thoughts on Horne.
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Teleconference Links: Do You Dare Even Say “Eminent Domain” After Kelo?
Here are links to the cases and other materials we spoke about at today’s teleconference with Professor Dan Mandelker and my OCA colleague Dwight Merriam:
- Ilagan v. Ungacta (Guam v. 162.40 Square Meters of Land)
- “Solely” for economic development? Missouri ex rel. Jackson v. Dolan
- Ilya Somin, The Judicial Reaction to Kelo, 4
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