Didn’t the California Supreme Court already deal the final blow to California’s redevelopment agencies when it held that the state legislature could eliminate redevelopment agencies without violating the California Constitution because what the lege giveth, the lege may taketh away? In California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011) the court upheld
Release The Hounds! Honolulu Rail Authority Begins Condemning Property Along Route
And so it begins. The Pacific Business News reports that “Honolulu rail board approves eminent domain to acquire 10 acres,” all or portions of two parcels in leeward Oahu.
Materials And Links From Today’s ALI-CLE Presentation On Condemnation Of Underwater Mortgages
This morning at the ALI-CLE Eminent Domain and Land Valuation Conference, we made a presentation (along with Cornell lawprof Robert Hockett and moderator Jim Burling) on the issue of the use of eminent domain to seize “underwater” mortgages.
Late breaking: it must have been something we said – the Joint Powers Authority (the agency formed
The Eagle Has Landed – Latest Edition Of “Regulatory Takings” Treatise
I just received my copy of the latest edition of of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis 5th ed. 2012). It switched formats and is now a looseleaf and not a bound hardcover, which hopefully means it will be easier to update.
Like the earlier editions, this is a must-have for
Final Amicus Brief In Cal Raisin Takings Case: Property Owner Can Raise Equitable Takings Defense
Here‘s what we think is the final top-side amicus brief in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012), supporting the petitioner/property owner. Filed by the Chamber of Commerce of the United States, the brief argues that where “the government requires a direct transfer of funds, and
No Land Grab Blog Rides Off Into The Sunset
If you have followed the Atlantic Yards eminent domain abuse fight (so well captured in the docfilm Battle for Brooklyn), you know there are a handful of blogs that chronicle the situation in real time, often with great passion.
We checked in today with one of the leading blogs, noLandGrab today, only to find
Lawprofs’ Amici Brief In California Raisin Takings Case: Williamson County “has prevented scores of litigants from raising perfectly valid Fifth Amendment claims in federal court”
Here’s the brief amici curiae submitted by five law professors who teach constitutional law, in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012), supporting the petitioner/property owner. In that case, the Ninth Circuit held the District Court had no jurisdiction to hear a takings defense to the USDA’s
Texas’ Amicus Brief In California Raisin Takings Case: Y’all Don’t Need To Make This So Complicated
We’re used to knee-jerk reactions by state and local governments to takings claims: whatever the circumstances, the property owner is wrong, and loses. So it’s nice to see a brief where a state government stakes out a more objective position.
Texas has filed an amicus brief in Horne v. United States Dep’t of Agriculture
We Can Try To Understand The New York Times’ Effect On Man (When It Opines On Eminent Domain Law)
Does the editorial board of the New York Times really have the stones to start off its latest editorial about the Takings Clause, “Where Is the Taking?“, with this:
When a city condemns private property to make way for a public highway, that is a classic “taking” for which government must provide “just
Amicus Brief In California Raisin Takings Case: 9th Circuit Has A “Rube Goldberg” Approach To Takings
Here’s the amici brief of the Cato Institute, the NFIB, the Center for Constitutional Jurisprudence, and the Reason Foundation in support of the petitioner/property owner in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012).
That’s the case in which the Supreme Court is considering whether a property owner