Biafora v. United States, No, 2013-5130 (Dec. 10, 2014), is one of those opinions that you don’t really look forward to reading. Something about the Federal Circuit seems to attract these type of takings cases, where the parties are many, the alphabet-soup regulatory environment is byzantine, and the effort of understanding the context often
Guest Post – Hawaii SCT In Aina Lea Case: The Rationales Behind The Opinion
We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an
Registration Open: 2015 Hawaii Land Use Law Conference, Jan. 15-16, 2015
Registration is now open for the 2015 Hawaii Land Use Law Conference, to be held in downtown Honolulu on Thursday-Friday, January 15-16, 2015.
This is the bi-annual conference, co-chaired by U. Hawaii lawprof David Callies and land use lawyer Ben Kudo, that brings together the big names in our area of law. In other
4th Cir: Takings Claim Against State Can’t Be Brought In Federal Court – State Immune Under The 11th Amendment
On one hand, the U.S. Court of Appeals’ opinion in Hutto v. South Carolina Retirement System, No. 13-1523 (Dec. 5, 2014) is old hat: the court concluded that a plaintiff alleging a federal takings claim could not bring that claim in federal court. But this case is different because it — unlike those where
Md App Waxes Poetic In A Land Use Opinion
This opinion from the Maryland Court of Appeals may be too land-usey for you takings mavens, but it starts off with an attention-getter:
Few cases inflame such deep passions as a dispute involving individual property rights. The belief that fundamental concepts of liberty entailed strong property rights informed and influenced the Founders as they undertook
Opening Brief In Property Reserve: Eminent Domain Is Such A Bother
Here’s the Opening Brief on the Merits, filed by the State of California in Property Reserve, Inc. v. California, No. s217738 (Sep. 26, 2014).
That’s the case in which the California Supreme Court is reviewing a court of appeal decision which invalidated California’s entry statute (Cal. Civ. Pro. Code § 1245.010 et seq.), concluding
OK App: Taking A Home For A Parking Lot, When Primary Beneficiary Is Private, Is Not A Public Use
A must-read from the Oklahoma Court of Appeals. In City of Muskogee v. Phillips, No. 111,501 (Nov. 21, 2014), the court invalidated a taking, concluding that it was not a public use under the Oklahoma Constitution for a city to condemn private property for a parking lot when the primary apparent beneficiary of the
Amici Briefs In SCOTUS Due Process Ripeness Case – The End For Williamson County?
Here are all of the amici briefs in support of the property owners/petitioners in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014).
That’s the case in which the Second Circuit threw out a complaint on Williamson County ripeness grounds. Odd thing was that the court held that a
Yet Another Effort To Justify Taking Mortgages By Eminent Domain
We’ve been over this territory before:
- Farpotshket Alert: Plan To Take Mortgages By Eminent Domain Is Back
- Surprise – New Article In Mortgage Resolution Partners Law Review: Use Of Eminent Domain To Take Mortgages OK!
- Mortgage Taking Tuesday – Mission: Impossible?
- Materials And Links From Today’s ALI-CLE Presentation On Condemnation Of Underwater Mortgages
- Mortgage
Alaska: Police Power Not A Blanket Exception To Takings Liability – State May Be Liable For Backfires
Here’s another one of those police power vs. takings cases, again involving governmental liability for destroying property supposedly in order to save it. We think the Alaska Supreme Court’s decision in Brewer v. Alaska, No. 14-916 (Nov. 28, 2014) got the analysis right, and properly shifted the focus in these cases from the government’s