Here’s a follow-up to our recent post about the U. Hawaii Law Review article authored by lawprof David Callies which summarizes the land use and property decisions of the Hawaii Supreme Court during the tenure of now-retired Chief Justice Ronald Moon. You know, the article setting out the stunning success rates of certain parties in
2013
Can A Property Owner Raise A Takings Defense? – Petitioners’ Brief In California Raisin Case
Here’s the petitioners’ merits brief in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012).
That’s the case in which the Court is reviewing Horne v. United States Dep’t of Agriculture, 673 F.3d 1071 (9th Cir. 2011), in which the Ninth Circuit concluded a takings claim raised as…
Koontz Preview: Request For Exaction Is Not A “Suggestion,” But A “Velvet-Covered Hammer”
Here’s the preview of next week’s U.S. Supreme Court arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That’s the case in which the Court will be addressing whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only to exactions for…
First Circuit: Inverse Condemnation Claim In State Court An “Adequate Procedural Pathway” To Compensation
How, as an appellant, do you know you are in trouble? When an opinion starts like this, that’s how:
Although a residential subdivision proposed for construction in a bucolic Rhode Island town never saw the light of day, its ghost continues to haunt the parties. But apparitions rarely have substance, and this one is no…
Briefs In NY Rail Corridor Valuation Case
Earlier, we posted the opinion of New York’s Appellate Division in New York Central Lines, LLC v. State of New York, No. 2011-03494 (Dec. 19, 2012), in which the court determined how to value a rail corridor when it is taken by eminent domain.
The court’s opinion was somewhat cryptic, so we thought we…
U.H. Lawprof: HAWSCT’s 1993-2010 Record On Private Property Rights “Appalling”
You know how we’re always saying that certain parties have an enviable record of success in the Hawaii Supreme Court? Well, now the statistics are official.
The latest edition of the University of Hawaii Law Review published an article by lawprof David Callies summarzing the decisions of the court during the tenure of now-retired Chief…
Buying Property In China
A quick one from colleague Christopher Dillon. In How to buy in China, Christopher provides a primer on how to buy a home in the People’s Republic. Tip: it isn’t cheap. He reminds us:
In China all urban land is owned by the state, while rural land is owned by collectives. Private ownership…
Reply Brief In Koontz: Money Is Property
Here’s petitioner’s reply brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), which responds to the Water Management District’s merits brief.
In that case, the U.S. Supreme Court will address whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only…
Blink And You’ll Miss…
…the Supreme Court’s opinion, isssued today, in Los Angeles County Flood Control Dist. v. NRDC, No. 11-460 (Jan. 8, 2013), in which the Court held that “the flow of water from an improved portion of a navigable waterway into an unimproved portion of the very same waterway does not qualify as a discharge…
Kansas: Billboard Is Personal Property, Not Compensable
One for you just compensation mavens. In City of Wichita v. Denton, No. 97952 (Kan. Jan. 4, 2013), the Kansas Supreme Court held that the city owed no compensation for the value of a billboard or the advertising income it produced for its owner when the city condemned the land on which the billboard…
