What will they think of next?
Those of us who know inverse condemnation understand that because the cause of action is based in the constitution, that the usual tort concepts such as negligence and comparative fault aren’t part of the equation. Generally speaking, under California law, liability is triggered when government conduct is a “substantial
Thankfully, the only “Tiki Island” we have in Hawaii is a miniature golf course. Because the name “tiki” should be reserved for such things, or for kitschy bars, or Trader Vic-knockoffs.
And please, honest-to-goodness real municipalities should never be named Tiki Island. No matter how nice they appear to be.
In Coleman v. Mississippi Transportation Comm’n, No. 2013-CA-01161-SCT, the Mississippi Supreme Court addressed an issue we’ve been pondering lately, holding that evidence of the condemnor’s initial appraisal, its offer, and its deposit, were admissible when its appraiser presented a lower valuation at trial. The appraiser was also subject to cross-examination about why he lowered
Here’s the amici brief we filed today on behalf of the Owners’ Counsel of America and the National Federation of Independent Business Small Business Legal Center with the California Supreme Court in Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738. In that case, the court is reviewing a decision of the Court
A couple of noteworthy conferences upcoming, one in-person, the other a “webinar” format:
Frequent readers know that we just love the Australian comedy film “The Castle,” which tells the tale of one man’s legal fight to save his family’s home from the abusive exercise of eminent domain power. (See “Kelo Down Under,” our review.) The case is played for laughs and in the
We can’t hear or read the word “plethora” without thinking of the “¡Three Amigos!” scene with Jefe and El Guapo, so when the California Court of Appeal “apologize[d] for the plethora of statutory citations and footnotes” (in a footnote!) in the latest opinion about the fallout and intragovernmental battle over the money in
Yesterday, on behalf of my Owners’ Counsel of America colleagues, I was pleased and honored to present to University of Hawaii School of Law Professor David L. Callies the Crystal Eagle, recognizing his lifetime of property law and property rights scholarship.
Professor Callies’ present and former students (there are many), his faculty colleagues, the Hawaii
When we hear the phrase “buy the farm,” we think of the cliche from the old war movies, not eminent domain.
But in Minnesota, “buy the farm” is taken literally. In Great River Energy v. Swedzinski, No. A13-1474 (Mar. 4, 2015), the Minnesota Supreme Court interpreted that state’s “buy the farm” statute
With rare exception, we don’t cover unpublished, nonprecedential decisions. But we’re posting Fuller v. United States, No. 2014-5117 (Mar. 10, 2015), an unpublished opinion from the Federal Circuit, because it reminded us of a presentation by Jim Burling at the recent ALI-CLE Eminent Domain conference, “Novel Takings Theories: Testing the Boundaries of