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
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
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
Fed Cir: Inter Partes Reexamination Of Patents Isn’t A Taking
Usually, when we’re scanning the daily email from the Federal Circuit for takings decisions of interest, we look for “United States” as the defendant, and our eyes glaze over the other cases on the court’s docket such as patent matters. But today, we were rewarded: a takings issue in a patent matter.
Get Ready – ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Nashville Jan. 23-25, 2020
Details soon. In the meantime, get your earlier registration discount.
Why Is A Florida City Still Wasting Time Asserting Takings Claims Are Subject To Sovereign Immunity?
Please read the Florida District Court of Appeal’s opinion in City of Fort Lauderdale v. Hinton, No. 4D18-2089 (July 24, 2019), especially the part starting on page 9 (the opinion is only 12 pages), where the court frames one of the arguments made by the appellant, Fort Lauderdale:
“The City contends that the Hintons
In Federal Natural Gas Act Takings By Private Condemnors, Just Compensation Is Determined By State Law (Incorporated Into Federal Common Law)
There’s a bit of Inception-level dream-within-a-dream stuff in the U.S. Court of Appeals for the Third Circuit’s opinion in Tennessee Gas Pipeline Co. LLC v. Permanent Easement for 7.053 Acres, No. 17-3700 (July 23, 2019), because the court held in takings by a private condemnor exercising the delegated power of eminent domain under the
Upcoming Webinar – Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right? (free for State and Local Govt Law Land Use Committee members)
The Land Use Committee of the ABA’s Section of State and Local Government Law is sponsoring a free (for Section members) informal webinar about the latest in takings law:
Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?
Friday, July 26 | 2 – 2:30pm ET
Here’s hoping you can