At the recent ALI-CLE Eminent Domain and Land Valuation conference in Austin, Texas, I had the opportunity to interview Ted Balaker, Producer of the upcoming feature film about the Kelo v. New London case, Little Pink House, who took time out of his busy schedule to come to Austin and join us.
Has The Eminent Domain Meme Finally Jumped The Shark?
Update: Rick Rayl has this post (“Eminent Domain Takes Center Stage in Republican Presidential Race“) at the California Eminent Domain Report.
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With one exception — a repost of our review of the docfilm You’ve Been Trumped (“If You Are Even Thinking Of Voting For Trump…“), we’ve gone out of
Time For A “Property Court?” Guahan (aka Guam) May Be Getting One
Hawaii has recently become the second jurisdiction to create an Environmental Court, a topic which we’re written about earlier (“What You Need To Know About Hawaii’s New Environmental Court“). We’ve asked whether Hawaii also might need a Property Rights Court, too.
Well, it looks like the good people of Guahan (“Guam”
“Unless the permit condition serves the same governmental purpose as the development ban, the building restriction is not a valid regulation of land use but an out-and-out plan of extortion.” Goodbye To Justice Scalia
The U.S. and Hawaii flags at half-staff this morning at the Hawaii Capitol
So Justice Scalia is gone. We all knew this day had to come, eventually. But we were not prepared for it so soon.
With his opinions in Nollan, Lucas, Rapanos, and Stop the Beach Renourishment, I think it
Pennsylvania Condemnors: You Can Keep Property Owners Hanging On Indefinitely, Despite The One-Year Statutory Clock
The Pennsylvania eminent domain code requires a condemnor to file the declaration of taking within a year of its being authorized:
The condemnor shall file within one year of the action authorizing the declaration of taking a declaration of taking covering all properties included in the authorization not otherwise acquired by the condemnor within this
City’s Treating Private Property Like City Property During City’s Appeal Is A Taking
Those of us who represent private parties in litigation know that when we appeal and we want to suspend enforcement of the judgment, we can do so if we post a supersedeas bond (aka appeal bond). In other words, if we put our money where our mouths are. We also know that some parties —
Tuesday Round-Up: Inversely Condemning Flint, “Well Nigh Conclusive?,” Parcel-As-A-Whole
Here’s what we’re reading today:
- “Did the State of Michigan inversely condemn the entire City of Flint?: Environmental justice meets the Takings Clause” from lawprof Stephen Miller at Land Use Prof Blog (includes the complaint). Background: what is going on in Flint, Michigan?
- Gideon Kanner, on “The Right to Take
Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights
Here’s the latest on a takings case that is winding its way through the U.S. District Court in Honolulu. Yes, you read that right: a takings case being litigated in federal court.
Intrigued? Read on.
We’ve covered this case and the related state court litigation several times here before, so this isn’t entirely unfamiliar ground. This
State Looking For A TMT Hearing Officer – You Know You Want To Do This
Are you a lawyer and need something to do for the next 6-12 months? Want to make a recommendation to the Department of Land and Natural Resources about whether it should issue a Conservation District Use Permit to the Thirty Meter Telescope project on the top of the Big Island’s Mauna Kea? Want your decision