Cornell lawprof Robert Hockett, the guy who by all accounts thought up of the idea of using eminent domain to take “blighted” (underwater, but mostly performing) mortgages, was interviewed on “Air Occupy” about the scheme yesterday. Here’s the podcast (we originally embedded the podcast below, but the darn thing was set to play automatically
The Eminent Domain Angle In Nuclear Tourism
During a break at the recent ABA State and Local Government Law Fall meeting in Santa Fe, New Mexico, we took a short ride up to the town of Los Alamos for a little “nuclear tourism” at the site of the current National Lab, and, of course, the place where the first two atomic
Cal App: Due Process
Should The Honolulu Charter Eliminate The Already Minimal Check Of A Mayoral Veto On Eminent Domain Resolutions?
The Honolulu City Council has proposed a charter amendment that asks the voters to approve eliminating the Mayor’s current veto power over the Council’s eminent domain resolutions.
The Resolution doesn’t directly say that, of course, but what it does command is that after the Council adopts a resolution to take property, the city administration must
Final Brief In Land Court Registration Case
Here’s the State’s Reply Brief supporting its application for cert and responding to the landowner’s BIO in the land court registration case, In re Campbell. The brief argues that “[t]his is no minor land dispute,” and “that the State is very concerned about the ICA Opinion.”
What’s so important about the State’s claimed reservation
Texas: “A Lot Of Legal Research” Isn’t Good Enough To Support Eminent Domain Fees
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In this eminent-domain case, a jury determined that the City of Laredo’s condemnation was
not for an authorized public use and awarded attorney’s fees and expenses to the property owner
under Texas Property Code § 21.019(c). This fee-shifting statute authorizes the trial court to “make
an allowance to the property owner for reasonable and
New Cert Petition: How Do You Enforce The Full Faith And Credit Clause (And What Is A Judicial Taking)?
Civil pro wonks, get ready: we all know that under the Full Faith and Credit Clause, states are required to give the judgments of another state the same respect that those judgments would receive in the courts of the other state. That principle remains the same whether the judgment is issued by a state
Response To Cert Application In Land Court Registration Case
Here’s the Response to Application for Writ of Certiorari by the State of Hawaii, which opposes the State’s cert app asking the Hawaii Supreme Court to review for grave error the Intermediate Court of Appeals’ opinion in In re Trustees Under the Will of the Estate of James Campbell, No. 30006 (June 13
Latest On Democrats’ Challenge To Hawaii’s Open Primary
Here’s the latest on the Hawaii Democratic Party’s federal court challenge to Hawaii’s “open primary” election system, a case we’ve covered earlier. Both the Party and the defendant State of Hawaii have sought summary judgment, but according to this report (“Judge hints at ruling in Democratic Party’s lawsuit“), it may be
Cal App: Rental Owner Makes “Enough,” But Can Go To Federal Court Later
Rent control cases rarely thrill us. They’s often long, the ordinances and rules being challenged are usuallylabyrinthian, and from our point of view, the results are mostly unsatisfying.
The California Court of Appeal’s recent opinion in Colony Cove Properties, LLC v. City of Carson, No. B227092 (Oct. 21, 2013) doesn’t deviate from that pattern: