We’re Going To End Of The Line
Well, it’s alright, even if you’re old and grey.
Well, it’s alright, you still got something to say.
Well, it’s alright, remember to live and let live.
Well, it’s alright, the best you can do is forgive.
Prunes And Raisins And The Cedar Point Merits Brief: “Regular And Predictable” Invasions Of Property Are Per Se Takings, Even If Not 24/7
Here’s the property owners’ Brief on the Merits in the case in which the U.S. Supreme Court is considering the nature of physical invasion takings, and how permanent a permanent intrusion must be in order to qualify for Loretto and Kaiser Aetna-ish per se treatment.
In Cedar Point Nursery v. Shiroma, 923 F.3d
New Complaint: Oregon’s Eviction Moratorium Extension Is A Taking
We would not have guessed back in March when we posted the “first” coronavirus shut down takings complaint that we’d still be at it at the end of 2020, but here we are.
The latest is this complaint filed last week in the U.S. District Court for the District of Oregon against Oregon’s governor (in
No Good Deed Goes Unpunished: Bank Has No Takings Claim Because School District Had No Obligation To Cover Borrower’s Loan
In case you weren’t already aware, Georgia law apparently distinguishes between “inverse condemnation” claims and “takings” claims.
That was not the dispositive point the Georgia Court of Appeals made in its recent opinion in HBC2018, LLC v. Paulding County School District, No. A20A1993 (Dec. 21, 2020), but we thought we’d highlight here, just because:
Ariz App: “Strip And Gore” Rule Guts Inverse Condemnation Claim
A short but mildly interesting one from the Arizona Court of Appeals, Maricopa County v. Rovey, No. 1 CA-CV 190659 (Dec. 29, 2020).
The County sought to condemn portions of the Rovey land for the expansion of existing roads. The roads had been used “as public roadways for decades,” slip op. at 2, and
New Hampshire: All Public Use And Necessity Challenges Are Reviewed De Novo, Not Only For Fraud Or Gross Mistake
In New Hampshire v. Beattie, No. 2019-0460 (Nov. 19, 2020), the New Hampshire Supreme Court was presented with two alternatives about how to review a property owner’s objection to the state commission’s approval of the quick-take of land for a state highway. The owner “challenged the necessity and net-public benefit of the taking,” slip
Light Holiday Reading: State Takings Law, And Home Rule
If you are like us, today’s kind of a slow day work-wise. Relax, watch a holiday movie, take it easy.
Us, we’re reading. Not totally frivolous, mind you. A couple of scholarly pieces we’ve been meaning to take a look at for a while. We recommend you do so also. Maybe not today (we understand
No, I Am Your Father (Christmas)
An inversecondemnation.com holiday tradition, updated.
Happy Holidays, everyone.
Florida: You Can’t Unintentionally Abandon A Nonconforming Use
The Town of Fort Myers Beach, Florida, barred the sale of alcohol on beaches in 1995. Turns out that a beachfront business was already (legally) selling alcohol on its property at the time of the ban. And we know what that usually means: a grandfathered nonconforming use.
Today’s case from the Florida District Court