Guam land titles can be seriously messed up. This case, Gov’t of Guam v. 162.40 Square Meters of Land, No. CVA14-011 (Mar. 17, 2016), about which we posted earlier (when it went up to the U.S. Supreme Court and was denied review) is an example. To reconfigure irregular lot lines left over from
NJ App Gets All Metaphysical About “Natural” Trees
When we talk amongst ourselves, we dirt lawyers discuss things like larger parcels, regulatory moratoria, servitudes “running with the land,” and other such fascinations. But we understand that what the average guys and gals want to know about when they chat us up at cocktail parties is their neighbor’s trees.
Like who gets
New York Appellate Division: Applying New Workers Comp Provisions Retroactively Is A Taking
First, the good part of the recent opinion issued by the New York Supreme Court Appellate Division, First Department (dun dun) in American Economy Ins. Co. v. New York, No. 16095 (Apr. 14, 2016):
Plaintiffs also established that the amendment, as applied retroactively, violates the Contract Clause of the US Constitution because
Merits Brief In SCOTUS “Parcel As A Whole” Case – No Aggregation Of Lots Which Owners Treated As Separate
Here’s the property owners’ Merits Brief, filed earlier this week in the case in which the U.S. Supreme Court is considering the “parcel as a whole” doctrine in regulatory takings (also known as the “denominator” issue).
The Wisconsin Court of Appeals held that the owners did not have their property taken because
Amici Brief: In Class Of One Equal Protection Claims, Is “Substantially Similar” A Search For Evidence, Or Unicorns?
Here’s the amici brief we’re filing today on behalf of the National Federation of Independent Business Small Business Legal Center and the Hillsborough County Chapter of the NAACP in support of a cert petition now pending at the Supreme Court.
The case centers around a “class of one” Equal Protection claim in which the plaintiff/petitioner alleges
No Compensation For Bridge That Blocks View Of Taken Property, But Isn’t On Taken Property
Urban property at the intersection of two main thoroughfares can be pretty valuable. It’s about location, for sure, but it’s also about visibility and the ability to be seen from four directions.
Charlotte, NC needed a part of such property for a rail line extension. The rail will be in the middle of the road
Trial Court: Wisconsin’s Right To Work Law Is A Taking
Check this out: in this order, a Wisconsin state trial court today held that the state’s right to work law — which prohibits labor unions “from assessing dues, fees, or other charges of any kind on non-union members” — is a taking. The court concluded that unions have a property interest in the contract
Friday Reading: SCOTUSblog’s Shout-Out; 9th Circuit Says Church Bogarted Evidence In Cannabis Claim; Are Agencies To Blame For Telescope Delay?; WWII Guam Land Seizures Case Moves Forward
Here’s what we are reading today:
- Here’s the equivalent of law blogger nirvana: a link to one of your pieces by SCOTUSblog: “There is still more commentary on Monday’s ruling in Evenwel v. Abbott, holding that states and local governments may use total population to draw legislative districts. In posts at casetext, Robert
HAWSCT Says It Again: Court Won’t Create A Moratorium While “Important Ag Lands” Process Completes
In a ruling that no one who was paying attention could claim to be surprised by, the Hawaii Supreme Court yesterday issued a 4-1 memorandum opinion holding that the “agricultural lands” section of the Hawaii Constitution isn’t self-executing, and which approved the State Land Use Commission’s reclassification of land on Oahu from agricultural to urban
What Does Evenwel v. Abbott Mean For “One Person, One Vote?”
Yet another detour back to our second favorite topic, election law.
Casetext asked us to provide some commentary and analysis of the Supreme Court’s recent Evenwel opinion, and we produced this piece (“What Does Evenwel v. Abbott Mean For ‘One Person, One Vote?’“), which is a refinement of our earlier blog