With the ongoing wildfire dramas ongoing across California, several of you have asked us to collect the posts we have done about inverse condemnation liability in one place. So here you go:
Here’s the State of Hawaii’s response to an amicus brief we filed in a case that asks the Hawaii Supreme Court to resolve the question of what statute of limitations governs takings claims under the state constitution. We argued that constitutional claims such as these might not be subject to legislatively-imposed statutes of
These days, parts of California often looks more like a developing country than the world’s fifth most powerful economy. Urban encampments — complete with medieval diseases — have become legendary. The streets of its glittering cities of tech are paved not with gold, but with human waste (but there’s an app for that!).
We read the Nebraska Court of Appeals’ opinion in Russell v. Franklin County, No. A-18-827 (Oct. 15, 2019), twice, just to be sure we were understanding the holding and rationale correctly. Apparently we were: the court held that when the State (inadvertently) takes property — here, the County highway maintenance department entered the plaintiffs’
A short post today, since we’re butting up against a deadline, and are attending a conference most of the day (don’t you hate that when that happens?). But we have to share with you a recent Ipse Dixit podcast, which features property lawprof Lee Anne Fennell, talking about her recently-published book, which should be of
Update 10/25/2019: an astute and seasoned correspondent writes that the issue of whether a property owner must raise constitutional issues in the administrative proceedings was settled in a published opinion that involved the same agency, the California Coastal Commission. See Healing v. Cal. Coastal Comm’n (1994) 22 Cal. App. 4th 1158 (we put in in
There’s nothing terribly novel in the Texas Court of Appeals’ opinion in City of Houston v. The Commons at Lake Houston, Ltd., No. 14-18-00664-CV (Oct. 15, 2019), but we highlight it here for a couple of reasons.
First, the court’s holding that a regulatory takings claim was not ripe because the property owner
We’ve been following the ongoing efforts to settle the Clean Water Act case involving the County of Maui with some amusement.
Why, you ask? Part of it is that we like municipal law. (Perhaps sad, but true.) But we’re amused mostly because the case’s current posture illustrates the dual principles of “be careful what you
We’re in California, where we’re playing Lincoln Lawyer for a few days because in its infinite wisdom, the utility company has preemptively shut off power for one week due to the threat of wildfire inverse condemnation lawsuits. We’re actually playing Chevy Tahoe Lawyer, because we’re literally working out of a truck since that’s
