Those of you interested in the ongoing debate about vacation rentals (aka TVR’s) (in Honolulu, the minimum period a property owner can rent in a residential district under the zoning code is 31 days, unless the owner possesses a nonconforming use permit) should read the Hawaii Intermediate Court of Appeals’ published opinion in Dao v.
Kansas: Tenant May Be Entitled To Relocation Benefits In Voluntary Acquisition If There’s Evidence That City Intended To Condemn If Deal Fell Through
Our Owners’ Counsel colleague John Hamilton deserves kudos for the Kansas Supreme Court’s recent decision in Nauheim v. City of Topeka, No. 114271 (Jan. 25, 2019).
The case is about a subject often overlooked, relocation benefits. In this case, the condemning agency’s duties under the Kansas statute which dictates their duties towards a “displaced
Mich App: Flint Water Plaintiffs Stated An Inverse Condemnation Claim
The “Flint water crisis,” which, as the opinion of the Michigan Court of Appeals in Gulla v. State of Michigan, No. 340017 (Jan. 24, 2019), noted, is “the contamination of
plaintiffs’ water supply and their exposure to toxic and hazardous substances,” is all over the front pages. Which means it also spawned lawsuits.
The
Wish You Were Here: Links From Day 1, 2019 ALI-CLE Eminent Domain And Land Valuation Litigation Conference
Here is our annual “proof of life” photo, taken from the dais during the opening session, to prove that all 250 of us were in the room for the ALI-CLE Eminent Domain Conference, and not out on a Palm Springs golf course (it is 72º and sunny, so a golf course would not be a
Shaka, When The Walls Fell: Knick Is Going To Be About Federalism, Not Takings
With the opinion in the Knick v. Township of Scott case to drop as soon as Tuesday (we’re guessing the opinion will be by Chief Justice Roberts, by the way), hold on. We’re about to get super nerdy here. Impossibly nerdy. Yes, we’re revisiting the Star Trek analogies. We’ve been down this road before
ALI-CLE Palm Springs (72º, Sunny) Here We Come
If you didn’t register to attend the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference later this week in Palm Springs, California, well then, shame on you!
According to the National Weather Service, while you and the rest of the country is freezing, we’ll be enjoying the balmy desert climes, and discussing
Knick Oral (Re)Argument Recording Available
Pay special attention to Justice Breyer’s questioning of Ms. Knick’s counsel, Dave Breemer. Yes, oral argument is the Court’s time to do with as it wishes, but was Justice Breyer actually trying to get at anything, or just running out the clock with a questions that didn’t seem to have any point. Does he really
Knick Post-Argument Round Up
There’s been a lot written after the Supreme Court heard (re)arguments earlier this week in Knick v. Township of Scott, No. 17-647, most of it helpful in understanding what issues the Justices are considering, and how each of them might break on the ultimate question: should Williamson County be overruled, and should property owners
Cert Denied, Denied, Denied, Denied In Reg Takings Cases
In case you have been following along, you can take these four cases off your watch list:
- Leone: Hawaii Supreme Court concluded that holding property that has no present use in the hope that someday in the future the government might rescind the use-restrictive regulation, is “investment use,” and therefore no taking.
- Kelleher:
Hot (Eminent Domain) Topics, Cool Jazz
Don’t Miss the 2019 Eminent Domain Litigation Conference from American Law Institute CLE on Vimeo.
Check out this sound blurb, produced by the good media folks at ALI-CLE, about the upcoming Eminent Domain and Land Valuation Litigation Conference. (And no, we didn’t record this in a jazz club; although I wish we had.)
There’s