Here.
Cases And Links From Today’s Eminent Domain And Pipelines Conference (Houston)
I am grateful that planning chairs Justin Hodge and Jeremy Baker invited me to their conference. A room full of experts. Here are the links to the cases and other items I spoke about:
- Knick v. Township of Scott: initial thoughts on what might be a dawning “golden age” of property cases
- Knick, Entirely
Where’s Palazzolo? Washington Appeals Court: Subsequent Purchaser Has No Taking Claim
Posted without significant comment, the Court of Appeals of Washington’s recent unpublished opinion in Darland v. Snoqualmie Pass Utility District, No. 36002-4-III (July 16, 2019):
Snoqualmie Pass Utility District argues that the subsequent purchaser rule bars the Darlands’ inverse condemnation claim. We agree.
In Hoover v. Pierce County, 79 Wn. App. 427, 433
New (Federal Court!) Complaint: NY’s New Rent Laws Are Takings
Looking for something to do this Tuesday? How about reading a 120-page federal court complaint challenging New York’s recently-adopted rent control/stabilization statute as a taking?
Thank you, Knick.
Friday Round-Up: California Inverse Condemnation, Lawprof Epstein Litigates Public Trust, Property In Ecology, And More
Here’s what we’re reading this Friday:
- Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development – California Land Use & Development Law Report
- One reason for the high cost of housing in California may surprise you — overregulation – Los Angeles Times (Barista’s note: is anyone surprised
Knick Already Taking Effect, Even Where It Isn’t Necessary
No sooner was the ink dry on the Supreme Court’s opinion in Knick v. Township of Scott, than the Court’s decision started to have some effect.
First, the Court granted another pending cert case on takings ripeness and sent back down to the Ninth Circuit for more in light of Knick.
And now this
Video: What Federal Takings are like post-Knick
Yes, we did memes in our Knick brief, and in a follow-up blog post.
But colleague Benjamin Tozer has taken it to the next level.
Cal App: Business Goodwill “is compensable separate and apart from the parties’ interests in the property taken.”
We were all set to offer our deep analysis of the California Court of Appeal’s recent (published) opinion in Three Aguila, Inc. v. Century Law Group, LLP, No. B289452 (July 2, 2019), when our colleagues at the California Eminent Domain Report blog beat us to it.
Dirt Lawyer CLE At ABA Annual Meeting (San Francisco)
If you are going to be attending the ABA Annual Meeting in San Francisco next month, here are some of the CLE and other programs of interest to property, land use, and eminent domain types, sponsored by our Section, the State and Local Govt Law Section:
Thursday, Aug. 8
- Knick Overrules Williamson County: What
10th Cir: Federal Takings Claim Against State Prison Officials For Withholding Interest Barred By 11th Amendment
The flag of the State of Hatu
Williams, a prisoner, thought that Utah prison officials should have paid him interest on his prison account. Acting as his own attorney, he sued under § 1983 for a taking and for a deprivation of due process in federal court, raising claims against the Utah Department of Corrections