Here’s an opinion from the California Court of Appeal, issued last month but unpublished, which was recently ordered published by the court. It’s a lengthy (38 pages) and somewhat detailed opinion, but for those of you who do eminent domain, it’s a worthy read because it covers many bases, and covers them well.
First, the
Tennessee Supreme Court, Nashville
In Phillips v. Montgomery County, No. M2012-00737-SC-R11-CV (Aug. 18, 2014), the Tennessee Supreme Court held that a property owner could recover under the state’s inverse condemnation statute, Tenn. Code Ann. § 29-16-123, for a regulatory taking:
We hold that, like the Takings Clause of the United States Constitution, article I
Pasadena, California, in addition to loving roses, apparently loves trees.
The city owns 60,000 street trees, and as the City Arborist testified in City of Pasadena v. Superior Court, No. B255800 (Aug. 14, 2014), “the City catalogued these trees in a database, that he ‘headed an urban tree maintenance program,’ and that
After a couple of days detouring to election law, today we’re back to our usual programming.
We caught wind of an upcoming book (September 2014), “Private Property and Public Power: Eminent Domain in Philadelphia,” by Barnard College Professor Deborah Becher. “Her book—the first comprehensive study of a city’s eminent domain acquisitions—explores how
To follow up on our earlier post about issues to look for in the legal challenge to the Hawaii Chief Elections Officer’s choice to hold the delayed Democratic Party primary election on Friday, August 15, 2014, rather than keep the 21-day window open, here are the Complaint and Motion for Temporary Restraining Order filed this
Update 8/13/2014: complaint filed in circuit court on the Big Island, not the Supreme Court. More on the Complaint and motion for a TRO here.
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It appears that the Chief Election Officer’s decision to postpone the primary election in the storm-hit Puna district on the Big Island and hold it on the
We were all set to write up the New Jersey Supreme Court’s opinion in Borough of Merchantville v. Malik & Son, LLC, No. A-55 (Aug. 7, 2014) when we thought to ourselves “Tony Della Pelle and his crew at NJ Condemnation Law probably have this one covered already.”
Sure enough, they did. See
Last week, we posted our amici brief in Texas v. Clear Channel Outdoor, Inc., a case in which the Texas Supreme Court is considering two questions: first, whether a billboard owner is entitled to just compensation when the land on which it sits is taken by eminent domain, and second, what method of valuation
Of all of the impacts of Hurricane Tropical Storm Iselle — which whacked the Big Island but thankfully not the rest of the state last Friday — the one that may be the longest lasting may be that the Democratic Party primary election for the U.S. Senate seat vacated by the
Above is what it looks like out our downtown Honolulu office window on Saturday, August 9, 2014, at 11:30 a.m. A little gloomy, and very humid, but otherwise, just another day. According to the reports, the anticipated hurricanes, as we predicted, didn’t amount to much for us on Oahu.
Below is downtown at