Today’s post is by colleague William Wade, an economist in Nashville, Tennessee, who has thought a lot — and written extensively — about the just compensation and damages available in inverse condemnation and regulatory takings cases.
He provides his thoughts on a recent trial court decision in a closely-watched Texas water case, in which the
The photo above has pretty much nothing to do with today’s case, except it also involves a Texas barbecue joint. More on the photo after a short review of the Texas Court of Appeals’ decision in Lenox Barbeque and Catering, Inc. v. Metro. Transit Authority of Harris Cnty., No. 14-14-00383-CV (Feb. 23, 2016).
One from the California Court of Appeal that may be interesting even though it is about municipal law, and not eminent domain or takings.
We present to you San Diegans for Open Gov’t v. City of San Diego, No. D067578 (Mar. 3, 2016, published Mar. 16, 2016), because the court concluded that an appraiser
The U.S. Court of Appeals for the D.C. Circuit doesn’t handle too many takings, eminent domain, or property rights related cases. But after today’s announcement that the Chief Judge of the Circuit was nominated for the vacant spot on the U.S. Supreme Court, we did a search through the legal databases anyhow, just in case
We usually don’t cover decisions under California’s Environmental Quality Act. You could spend your entire legal career doing these kind of cases, and there are other forums which ably follow CEQA.
But we had to make a mention of the California Court of Appeal’s recent opinion in Preserve Poway v. City of Poway
No real surprise here: in Southeast Arkansas Hospice, Inc. v. Burwell, No. 15-1946 (Mar. 10, 2016), the U.S. Court of Appeals held that the statutory cap on Medicare reimbursements for hospice care isn’t a taking of the excess over a facility’s actual costs, because the facility voluntarily opted-in to the program:
SEARK has not
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The Nollans own a beachfront lot in Ventura County, California. A quarter-mile north of their property is Faria County Park, an oceanside public park with a public beach and recreation area. Another public beach area, known locally as “the Cove,” lies 1,800 feet south of their lot. A concrete seawall approximately eight feet high separates |
Read this: “The Accidental Abstention Doctrine: After Thirty Years, the Case for Diverting Federal Takings Claims to State Court Under Williamson County Has Yet to Be Made,” by R.S. Radford and Jennifer Fry Thompson, published in the most recent edition of the Baylor Law Review.
If the title weren’t enough to
The roof collapsed and damaged the building. In the view of the City, that created an immediate danger so it demolished it. But the building owners had plans to fix it up, and claimed the demolition was a taking. Trial court said no, the Connecticut Appellate Court affirmed:
On the basis of our review
The land use and zoning game can be pretty strange to the uninitiated. If that description includes you, here’s your chance to get initiated. The American Planning Association is sponsoring a webinar about “Rules of the Game: A Framework for Fair and Effective Zoning Hearings,” on Monday, March 7, 2016. Here’s the