Here’s one that’s coming up for the Supreme Court’s consideration at its conference next week, but which we haven’t noted until now. A Texas property owner has filed this cert petition asking the Court to review the Texas Supreme Court’s decision in Hearts Bluff Game Ranch, Inc. v. State of Texas, 381 S.W.3d 486
Hawaii Supreme Court Gets Into The Weeds On Shorelines
oral Several justices (Justice Acoba, Justice Pollock) appeared quite hostile to the DLNR’s position. Their questions went beyond the usual “devil’s advocate” type questions where the questioner is testing a theory, or speaking through counsel to the other justices.
The Judiciary’s web site summarized the issues argued:
On January 11, 2008, Respondents Craig Dobbin and
Hawaii Business Mag Story Misses The Big Issue On Development, Environmental Law, And Land Use
In “Why big development is so difficult in Hawaii,” Hawaii Business magazine tackles an issue first raised by U. Hawaii lawprof David Callies in recently-published law review article (and follow-up interview), where he labeled the record of the 1993-2010 Hawaii Supreme Court on property issues “appalling” (80% overall success rate for environmental
Amicus Brief In Ninth Circuit Homeless Property Case: No One Has Constitutional Right To Leave Unattended Property On The Street
Here’s the amici brief of the International Municipal Lawyers Association and the National League of Cities, which urges the U.S. Supreme Court to review the Ninth Circuit’s decision in Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012).
In that case, a 2-1 panel held that the city could not presume
Federal Circuit: Statute Of Limitations In Tucker Act Doesn’t Start Running Until Govt Provides Notice Of The Taking
You’d think the proposition in the title of this post, upheld today by the U.S. Court of Appeals for the Federal Circuit in Ladd v. United States, No. 2012-5086 (Apr. 9, 2013), would seem kind of obvious. That a landowner could not be charged with notice that a government act is a taking if
Another Amicus Brief In Tombstone Case: Property Clause Does Not Trump City’s Right To Maintain Right-of-Way
Here’s the amicus brief of the Coalition of Arizona/New Mexico Counties for Stable Economic Growth, supporting the petitioner City of Tombstone in City of Tombstone v. United States, No. 12-1069 (cert. petition filed Feb. 27, 2013). [Disclosure:we also filed an amici brief in the case in support of Tombstone.]
The case arose after the
Some Additional Thoughts On Koontz And Horne And The Takings Muddle
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