Check out State ex rel. Sunset Estate Properties, LLC v. Village of Lodi, No. 2013-1856 (Mar. 10, 2015), a case in which the Ohio Supreme Court held that a local zoning ordinance was unconstitutional on its face.
The Village’s zoning code, adopted in 1987, banned manufactured home (trailer) parks. Of course, the ordinance could
Here’s the amici brief of the National Association of Home Builders, the National Association of Realtors, the National Association of Independent Business Small Business Legal Center, and others in the case we’ve been following out of the federal courts in Florida about a county’s “right of way preservation” ordinance (which is somewhat similar, but perhaps
If you didn’t have a chance to attend last week’s community meeting on the Honolulu rail project and property rights at Farrington High School, we’ve posted the audio clips, which include the big picture, the current status, and a series of frequently asked questions.
On Thursday, March 5, 2015, we held a community forum on the Honolulu rail project, with an overview of the acquisition, eminent domain, and relocation process. For those who were not able to join us, we recorded the sessions, and post them below.
For HART’s video flyover simulation of the entire Phase 1 system
A reminder to please RSVP (see below) for this Thursday’s event honoring University of Hawaii Law Professor David L. Callies.
On March 12, 2015, 5:30 – 6:30 p.m., we’ll be awarding Professor Callies the Owners’ Counsel of America‘s Crystal Eagle. Joining us will be his current and former students (of whom there are
A short one from the Florida District Court of Appeals, Florida Dep’t of Transportation v. Mallards Cove, LLP, No. 2D13-181 (Mar. 6, 2015), a regulatory takings case that followed on the heels of a straight condemnation.
The DOT condemned property belonging to Mallards Cove via Florida’s quick take procedure, by which certain agencies may
Weird headline from KITV. No, owners whose property is taken for the rail aren’t “profiting” if they are able to get more for their land than what the condemning agency offered; “just compensation and damages” are required by the constitution, and if they are able to obtain more, in many cases that still leaves them
The Virginia Supreme Court recently heard oral arguments in Ramsey v. Commissioner of Highways, a case we’ve been following closely (and in which we filed an amicus brief in support of the property owners).
This is the case about Virginia’s statutory requirements in eminent domain cases. As a prerequisite to a court exercising
As reported yesterday by Pacific Business News (“HART acquired 34 properties for $70M along Honolulu rail transit route, new report says“), “[t]he Honolulu Authority for Rapid Transportation has acquired 34 properties totaling about $70.2 million thus far along the 20-mile rail transit route, including the recent purchase of a former sports bar property
Although we’ve linked to the Nebraska Supreme Court’s non-decision and our colleague’s insightful analysis of the issues, we’ve pretty much avoided anything beyond commenting on the purely legal aspects of the Keystone XL pipeline.
Until now.
Just search Twitter for “eminent domain” and you will see hundreds of tweets