Update: San Francisco is going to appeal.
It cost a lot to live in San Francisco, these days. A whole lot, whether you own, or rent.
If you’re a renter, however, you should hope and pray that your landlord wants out of the rental business. Because under a San Francisco ordinance, property owners
If you haven’t already, please mark you calendars: the agendas and faculty lists for the February 5-7, 2015 ALI-CLE eminent domain programs in San Francisco have been finalized. Registration is ongoing, and there’s even a few more days left for the early registration discount. Substantial group discounts are also available.
We’re talking, of course
When the Second Circuit issued its opinion in Kurtz v. Verizon New York, Inc., 758 F.3d 506 (2d Cir. 2014), our comments were rather harsh (“Which means that to reach the result, the court simply rewrote the plaintiff’s complaint and in the process blurred the distinction between a takings claim … and a procedural
Here’s another takings decision from the U.S. District Court for the District of Columbia, In Perry Capital LLC v. Lew, No. 13-1025 (Sep. 20, 2014), a hedge fund and others sued the federal government
Perry Capital LLc v. Lew, No. 13-1025 (D. D.C. Sep. 30, 2014)
As we all understand, when valuing property in eminent domain, the highest and best use of not limited to the property’s existing use or its current zoning. The owner is entitled to prove that she could reasonably make a more intensive use of the property.
Rodman v. Commonwealth, No. 12-P-223 (Oct. 7, 2014) involved
We didn’t think the issue of whether a property owner is competent to testify about the value of his or her own property was unsettled, but apparently an Alaska trial court did. In an inverse condemnation action which claimed that the operation of a nearby airport diminished Mr. Briggs’ property value, the court granted the
Here’s one for the regulatory takings mavens, because it has just about every conceivable issue: ripeness, res judicata (yes, arugment was that the complaint was filed both too early and too late), Rooker–Feldman, the Tax Injunction Act, and an analysis of whether the property owner’s complaint stated a claim for relief under
Mark your calendars for Friday, October 24, 2014, the date of the Hawaii Bar Association Convention, in Honolulu. As noted here, the HSBA’s Appellate Law Section is sponsoring a three-hour session featuring the Chief Justice of the Hawaii Supreme Court, the Chief Judge of the Intermediate Court of Appeals, other justices and judges, and
If that title doesn’t grab you, nothing will. Here’s the description of an upcoming program from the American Planning Association that looks awfully interesting:
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Sex, Guns & Drugs: Planning for Controversial Land Useson Wednesday, October 22nd from 1:00 to 2:30 PM CST. Registration is $20 for PLD members, $40 for nonmembers, and $45 for webinar registration plus a Planning and Law Division membership. Presented by Daniel J. Bolin and Gregory W. Jones of Ancel Glink, this webcast will explore if and where controversial businesses belong in communities.
The U.S. Constitution guarantees freedom of expression, freedom of religion, and the right to bear arms. But it’s not that simple. Businesses that rely on these constitutional guarantees continue to generate controversy in communities across the country. To compound matters, state legislatures from Arizona to Massachusetts have been busy granting new — and in many cases, previously unheard of — rights to marijuana and firearm retailers.This has rapidly drawn planners and zoning practitioners into the debate over how these businesses best fit into their communities, and whether their communities are legally obligated to accommodate these uses in the first place. Spend an hour learning about the issues and regulatory strategies from around the country.
Webcast—Sex, Guns & Drugs: Planning for Controversial Land Uses
October 22, 2014
1:00 – 2:30 PM CST
, including registration.
Continue Reading Upcoming Webcast: “Sex, Guns, And Drugs: Planning For Controversial Land Uses”
When the feds need medical care for prisoners, by statute, the Medicare rate is set as the full compensation owed to medical services providers. One of those providers, Baker County Medical Services, sued in U.S. District Court, seeking a declaration that the statute is a taking because, “it is forced to render emergency medical care