You remember Samuel Beckett’s classic absurdist play, Waiting for Godot. Two guys spend the entire time waiting for another guy (you know who) to show up, but he never does. There are nearly endless interpretations of its meaning (if any), but everyone pretty much agrees that it is at least about the nature of
August 2019
Lattice Of Coincidence: Regulatory Takings Claim Accrues When Regulator Makes Final Decision (Williamson County Lives!), Not When Appeals Are Exhausted
Synchronicity (Jung, not The Police). Serendipity. Lattice of coincidence. Whatever you call it, sometimes things seem to come in waves.
So it seems with the statue of limitations for inverse and regulatory takings claims this week. We had not dealt with the issue for a while. Radio silence. Then boom! The…
Honolulu’s New Short-Term Rental Ordinance Challenged In Federal Court
Here’s one we’re posting without comment, because the Complaint was filed today by my Damon Key colleagues. But here’s a summary of the issues, from the press release:
On August 1, 2019, the Hawaii Vacation Rental Owners Association and Honolulu land use attorney Greg Kugle of the Damon Key law firm, filed a lawsuit in…
Capt Henry Orders You To Boldly Go To The 2020 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Nashville, Jan. 23-25, 2020
By Robert H. Thomas on
Posted in 42 U.S.C. § 1983 | Civil Rights, Appellate law, Court of Federal Claims | Federal Circuit, Development agreements, Eminent Domain | Condemnation, Environmental law, Events | Conferences, Inverse condemnation, Just Compensation | Appraisal, Land use law, Municipal & Local Govt law, Nollan/Dolan | Exactions, Penn Central, Pipelines, Property rights, Public Use | Kelo, Rail, Rails-to-Trails, Redevelopment, Regulatory takings, Relocation | URA, Rent Control, Ripeness | Knick, Zoning & Planning
Recently, we requested crowdsourcing of this year’s “come to the ALI-CLE Eminent Domain Conference video.” Instead of doing the video ourselves, we asked folks to “please send a short clip of you and/or your colleagues telling us why you think the Eminent Domain and Land Valuation Litigation Conference is the place to be…
Fed Cir: File Your Regulatory Takings Claims Early (And Often?). The Statute Of Limitations Starts Running Before The Impacts Of The Regulation Are Felt
Leave it to Federal Circuit Judge Timothy Dyk — who, as far as we can tell, has never once ruled against the government in a takings case — to conclude that the U.S. Supreme Court’s recent opinion in Knick v. Township of Scott, 139 S. Ct. 2162 (2019) actually works to the detriment of…