Here’s the Brief in Opposition filed by the city Kentner v. City of Sanibel, No. 14-404, the case asking the Supreme Court to review an 11th Circuit decision in which the court concluded that riparian rights, although recognized by Florida as property rights, are not “fundamental rights” protected by the Due Process Clause. The
HAWSCT: Land Use Comm’n Can’t Rescind A Re-zoning Via Truncated Procedures
The Hawaii Supreme Court has issued a lengthy opinion in a case we’ve been following, DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014).
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights
N.C.’s Map Act: Clouding Use By Condemnation On The “Long Road to Nowhere”
Check out this story from today’s Greensboro/Winston-Salem (NC) News-Record, “DOT’s long road to nowhere angers property owners” about the practice in North Carolina of using “protected corridors” to designate property under the state’s Transportation Corridor Official Map Act for future highway use, but then not condemning and paying for the land (while
A Clear-Eyed Explanation Of The TransCanada Keystone XL Pipeline Eminent Domain Issue
The use of eminent domain for energy transmission corridors has become a hot topic lately. See, for example, the following posts:
- TransCanada Keystone Pipeline Is Common Carrier With Eminent Domain Power
- Private Pipeline Lacks Eminent Domain Power – Not “In Public Service” Because It Is Transporting Through Kentucky, Not To Kentucky
- Colorado: Company Lacks Eminent
Upcoming APA Webinar On Affordable Housing
There’s still time to register for tomorrow’s American Planning Association (Planning and Law Division)’s webinar, Fair Housing, Affordable Housing, and Local Planning and Zoning: Understanding the Obligations and Reducing Your Community’s Legal Risk. Here’s the description:
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Fair
Audio Of ABA Talk On Starr International v. United States Trial: Taking AIG Without Compensation – The $40 Billion Question
Here’s the audio of the recording of the ABA talk we did last week on the Starr International v. USA takings case, “Taking AIG Without Compensation: The $40 Billion Question,” now ongoing in the Court of Federal Claims. The materials and links referred to in the talk are available here. If streaming
Brigham-Kanner Property Rights Conference – Panel Videos Now Available
For those of you who couldn’t join us at the William & Mary Law School last month for the Brigham-Kanner Property Rights Conference (see our report here), the law school has made videos of the four panel presentations available here.
They’re high quality videos, so be prepared for big downloads, but the
Oregon Supreme Court Asked To Rule Whether Highway Access Is Property Right
In reading State of Oregon v. Alderwoods (Oregon), Inc., No. A146317 (Sep. 17, 2014), we learned two things we didn’t know before: that the Oregon Court of Appeals can sit “en banc,” and also that it can affirm by an equally-divided court. Eight judges considered the case, and since the split was 4-4, the
Links From Today’s ABA Talk On The AIG Bailout Takings Case
To all who were able to join today’s ABA Section of Real Property, Trust and Estate’s Condemnation, Zoning and Land Use Committee’s call on the AIG takings trial, currently pending in the U.S. Court of Federal Claims, thank you for participating. I’ve posted the entire talk (minus questions) above.
Here are the links to the
HAWSCT: No “Cross-Appeal” In Administrative Appeals
The Hawaii Supreme Court has issued a unanimous opinion in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002408 (Oct. 30, 2014), holding that there’s not really such thing as a “cross appeal” in administratve appeals (at least in the sense that “cross appeal” is usually used in appellate procedure).
Quick facts: