Today, the Hawaii Supreme Court issued a unanimous opinion in Oahu Publications, Inc. v. Abercrombie, No. SCWC-13-0000127 (July 31, 2014).
We represent the prevailing petitioner in the case, so won’t be adding much of anything to the court’s words.But if you are interested in government records laws and the interplay between attorneys’ fee recovery…
Here’s a new cert petition, filed yesterday, that poses two interesting issues, the first of federalism, the other of exactions.
This is a rails-to-trails case in which the federal government asserts that the easements imposed on private property for a public park in New York City after the railway was abandoned did not result…
A couple of years ago, we posted the complaint (actually, a petition for mandate) alleging a big regulatory takings claim against the County of San Luis Obispo based on the County’s denial of a permit to drill for oil. A very big claim. $6.24 billion big. See “Wow, That’s A Lot of Just Compensation…
When we eminent domain lawyers deal with claims that the government or some other entity is “stealing” someone’s property, we recognize that such claims are somewhat … metaphorical.
But here’s a situation where it appears that some poor fellow actually had his house, like, stolen. As in hijacked, ripped off, five-finger discounted.
The Daily…
Civil Beat has a piece by Ian Lind (“Hawaii Monitor: Why Has Florida Company Picked a Fight Over Aerial Advertising?“) that has more on that story we first posted about here (“Hawaii Under Attack From The Air!“). He writes:
Local attorney and blogger, Robert Thomas (InverseCondemnation.com), has commented that…
We usually don’t pay a whole lot of attention to unpublished opinions. Not that they are not interesting mind you, but if the court itself, for whatever reason doesn’t believe the case is worthy of publication, then who are we to say otherwise? But occasionally, we read one that has something worth sharing. Like this…
When the one side or the other in the public debate complains about “judicial activism,” they’re usually talking about judges legislating from the bench — finding new rights, reading words into statutes that aren’t there, and the like. But that species of judicial activism doesn’t bother us all that much since we rarely see it…
Here’s a law review article that you might find worthy. In Property as the Law of Democracy (pdf here), Harvard lawprof Joseph Singer writes that “[p]roperty is not merely the law of things. Property is the law of democracy.” Heady stuff, for sure.
As the abstract notes:
In both his article Property as…
By statute, California property owners have four years to . Proposition 13 is the ____.
In Olive Land Industrial Park, LLC v. County of San Diego, No. D063337 (July 18, 2014), the Court of Appeal held that
A nonmandatory interpretation of the time limitation also promotes the
constitutionally-mandated just compensation principles governing eminent domain…
Here’s an interesting one from the Georgia Supreme Court. In Dillard Land Investments, LLC v. Fulton County, No. S13G1582 (July 11, 2014), the court held that a condemning agency could not voluntarily dismiss an eminent domain action, after a special master has entered a just compensation award but before the agency has paid the…
