Forgive me for the length of this post, but I’m writing while the thoughts are fresh, and before I get back to the real world. Those of you who may have emailed me in the past week, or who saw this post know that I’ve been occupied with the American Bar Association Annual Meeting in
Ga App: Requirement To Provide Appraisal Summary “Before” Negotiations Means Just That
A short one from the Georgia Court of Appeals.
In Summerour v. City of Marietta, No. A16A0640 (July 8, 2016), the city condemned a grocery store for a recreation center. After multiple attempts to contact the property owner and multiple offers of compensation, the city and the owner finally began the negotiation process, during
HAWICA Rejects Planning Department’s Formalistic Definition Of “Applicant” In Vacation Rental Case
One for you land users. We’re not going to analyze the Hawaii Intermediate Court of Appeals’ published opinion in Robert D. Ferris Trust v. Planning Comm’n of the County of Kauai, No. CAAP-15-0000581 (Aug. 9, 2016) in too much detail, because our Damon Key colleagues Greg Kugle and Chris Leong represent the prevailing appellant.
Nevada Clarifies Inverse Condemnation And What Is “Substantial Government Involvement”
To state a claim for inverse condemnation in Nevada, the property owner must allege that the government was “substantially involved” in activities that caused the taking of the property.
In Fritz v. Washoe County, No. 67660 (Aug. 4, 2016), the Nevada Supreme Court addressed what constitutes substantial involvement. Does it require actual physical “involvement”
Eminent Domain Programming At The ABA Annual Meeting
We’re experiencing the madness that is the ABA Annual Meeting — this time in San Francisco — hanging with colleagues from the State and Local Government Law Section (where we’re slated to be the Chair-Elect this year), and at the Council of Appellate Lawyers. These meetings are a lot of … meetings .. but there’s
Constitutional Property Claims Are For Courts, Not Agencies
The issue resolved by the Minnesota Supreme Court in Zweber v. Credit River Township, No. A14-0893 (July 27, 2016) was one that land use lawyers deal with constantly: when an administrative agency is alleged to have violated someone’s constitutional rights, what procedural route must the legal challenge take — is the plaintiff required to
City Can Take Over Water Company: Montana Supreme Court Writes Out “More” From The “More Necessary” Statute
In City of Missoula v Mountain Water Co., No. DA-15-0365 (Aug. 2, 2016), a sharply divided Montana Supreme Court upheld the City of Missoula’s exercise of eminent domain to take a private water system. We’ve been following the case (see our oral argument notes here). The court’s majority concluded that the