The Florida Supreme Court’s opinion in Hardee County v. FINR, II, Inc., No. SC1501260 (May 25, 2017), is pretty Florida-specific, because it involves the interpretation of that state’s Bert Harris Act (something we wish we had in our arsenal), but there are lessons in the case that make it worth reading — it’s
SCOTUS Amicus Brief: States May Be Able To Rewrite Property Law, But They Can’t Avoid Paying For The Change
Here’s the amici curiae brief we filed today on behalf of Owners’ Counsel of America, NFIB Small Business Legal Center, Cato Institute, and Professor David Callies in support of a cert petition which we detailed here.
The case is a regulatory takings claim, and involves wet and dry sand beaches, public
Clint Schumacher’s New Eminent Domain Podcast
Welcome to a new entry in the eminent domain and takings blogosphere, Texas colleague Clint Schumacher‘s Eminent Domain Podcast. Yes, you don’t have to read to get your takings updates, you can listen while you work, while you work out, or while you drive or fly. Go here to subscribe or download episodes
Who Owes And Who Pays Taxes On Property Being Condemned?
Here’s the latest in a case we’ve been tracking, the City of Missoula, Montana’s takeover of a privately-owned water system. Last year, the Montana Supreme Court held that the city could exercise its power of eminent domain to take the property for a “more necessary” public use. The court allowed the city to take the
Federal Court Dismisses Removed Takings Claim Under Williamson County … And That’s OK
We don’t normally post trial court decisions, particularly ones which simply dismiss a case. But the U.S. District Court for the Eastern District of Pennsylvania’s recent memorandum order in The Property Management Group, Ltd. v. City of Philadelphia, No. 17-1260 (May 23, 2017), which deals in part with a somewhat unusual takings claim, is
Cases And Links From Washington Eminent Domain Conference
My thanks to Bart Freedman (K&L Gates) and Kinnon Williams (Inslee Best Doezie & Ryder) for asking me to speak on national takings and inverse condemnation issues at yesterday’s Eminent Domain conference in Seattle.
As you can see, the room was packed and standing room only. Here are the cases and issues I mentioned
Commentary On Bay Point: SCOTUS Should Review This Just Comp Case
Here’s a rundown of the commentary on Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks review of a decision by the Mississippi Supreme Court. We represent the petitioner.
Hawaii Supreme Court – Major Eminent Domain Opinion: Larger Parcel, Deposit
Yesterday, the Hawaii Supreme Court issued a unanimous opinion opinion authored by Justice Nakayama in an eminent domain case we’ve been following. We filed an amicus brief in the case supporting the property owner on one of the three issues presented, too. More on that below.
The case involves three parcels on Kauai — one
Georgia SCT: “You keep using ‘taxi medallion.’ I do not think it means what you think it means!”
We’re back in meme territory today, with the Georgia Supreme Court’s opinion in Abramyan v. Georgia, No. No. S17A0004 (May 15, 2017), a case about takings, taxi medallions, and (you guessed it), ridesharing and the “sharing economy.”
After the Georgia legislature adopted a statute that made it easier for ridesharing services to operate by
Land Use Facepalm
We all have had those moments, haven’t we?
Today’s linked story is more land-usey than eminent domain-ey, but still interesting for you condemnation lawyers on the line (besides, condemnation lawyers really do have to know land use law, don’t they?).
Honolulu can is a tough place to be, with our status as one of the