In 1993, in order to protect seagrasses, the city of Sanibel adopted an ordinance prohibiting the new construction of docks and piers in certain areas of town. Plaintiffs, littoral owners who bought their land after the ordinance was in place, thought that — this being Florida, and an island — it was their right to
2014
Hawaii’s “Environmental Court” – A Bad Idea Whose Time (Apparently) Is Nigh
A few months ago, we commented on the proposed “environmental court,” a bill working its way through the Hawaii legislature. We called it a bad idea, and hoped the Lawgivers would see the light and let this idea fade away.
It looks like we were unjustifiably optimistic, and both houses have now passed the bill…
Mississippi: Ferae Naturae Alligators Next Door Cannot Be A Private Nuisance
By Robert H. Thomas on
Posted in Environmental law, Land use law
Yesterday, we posted one of those only-in-Hawaii kind of cases. Today, by coincidence, is one of those only-in-the-south type of cases:
The Christmases’ wild-alligator-nuisance claim is a case of first impression in Mississippi.
In Christmas v. Exxon Mobil Corp., No. 2011-CT-01311-SCT (May 15, 2014), the Mississippi Supreme Court held that a …
HAWICA: The “Common Owner” Giving Rise To Implied Easement Can Be The Gov’t
By Robert H. Thomas on
Posted in Land use law
Here’s one from the Hawaii Intermediate Court of Appeals that illustrates the interesting only-in-Hawaii twists that can happen in our property law.
In Malulani Group, Ltd. v. Kaupo Ranch, Ltd., No. 30509 (May 5, 2014), the issue was whether the owner of a landlocked parcel could assert an easement implied by necessity over …
CLE Of Interest: “Legislative Prayer, Tradition, and the Establishment Clause”
By Robert H. Thomas on
We’re straying outside the usual subjects of this blog (but not that far, since we also do a lot of work related to municipal governments and constitutional law).
Our “home” in the American Bar Association is the Section of State & Local Government Law (we’re Chair of the Section’s Eminent Domain Law group), has put…
Tex App: Wildfire Not A Taking Unless Gov’t Meant To Cause It
By Robert H. Thomas on
Posted in Inverse condemnation, Municipal & Local Govt law
As a cost-saving measure, Austin, Texas’s utility department had a “wait until it breaks” power line inspection policy, and one day, the lines broke.
Unfortunately, the broken power lines caused the Steiner Ranch wildfire which destroyed 23 homes. Insurance companies and uninsured homeowners sued the city, alleging tort and inverse condemnation claims. Sound familiar?
When…
Oregon SCT: City Causing Sewage To Back Up Into Home Was Not A Taking
By Robert H. Thomas on
Posted in Inverse condemnation, Municipal & Local Govt law
Both a jury and the Court of Appeals concluded that the City of Milwaukie, Oregon, was liable in inverse condemnation for $58k because when it cleaned out the city’s sewer lines, it cause you-know-what to back up into Ms. Dunn’s house. The City asserted that it wasn’t liable — it didn’t mean to cause…
Upcoming CLE Of Note: Using Eminent Domain To Seize Underwater Mortgages – Legal Issue and Current Realities
Mark your calendars for next week Thursday, May 22, 2014. ALI-CLE, the good folks who put on our annual Eminent Domain and Land Valuation Litigation and Eminent Domain 101 conferences, are sponsoring the above-titled teleconference/webinar. Here’s the program description:
The City of Richmond, California rattled the universe of real estate lenders, trustees, owners, bankers…
2d Cir and Catch-22: Takings Case Ripe, “Seeking a final decision from the Town would be futile”
Update: PLF’s Dave Breemer on the decision “In a New Victory, Court Blasts Rules Barring Court Access for Property Owners,” while Gideon Kanner adds his thoughts in “Be Still, My Heart! Second Circuit Rules for a Property Owner In a Stinging Inverse Condemnation Opinion.”
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Check this out, just received: In…
Raisin Hell – Links To Reports On Horne
We’ve been tied up with some filings, and have not been able to get to our promised review of the Ninth Circuit’s recent decision in Horne v. United States. We will do so once we put one more brief to bed, but until then, our colleagues in the Regulatory Takings Bar have published some…