California eminent domain law requires that if property taken isn’t used for the intended public use “within 10 years” of the adoption of the resolution of necessity, then the condemnor must offer to sell the property back to the (former) owner. Unless, that is, the condemnor adopts a new resolution “reauthorizing the existing stated public
Michigan SCT: Flint Takings Plaintiffs Alleged Unique Property Injuries, And That’s Enough To Survive Summary Judgment
There’s a lot going on in the Michigan Supreme Court’s opinion in Mays v. Governor, No. 157335 (July 29, 2020). After all, the case involves claims for personal and property damages resulting from the Flint (Michigan) water crisis. That’s an issue we’ve been following that has also grabbed national headlines.
But if you
If A Condemnor Alters The Scope Of The Take, A Good-Faith Offer Carries Over Only If The Amended Taking “Significantly Resembles” The Original Offer
How much can a condemnor alter the scope of the taking before the good faith offer required by state law also needs to be re-done?
That’s the question the Wyoming Supreme Court resolved in EOG Resources, Inc. v. Floyd C. Reno & Sons, Inc., No. S-20-0013 (July 23, 2020).
There, the condemnor’s original
New Cert Petition: Does A Physical Invasion Taking Require 24/7 Occupation?
Here’s the cert petition that we’ve been waiting to drop in a case we’ve been following. Last we checked in, the Ninth Circuit (with concurral) had denied en banc review, over a dissental.
In Cedar Point Nursery v. Shiroma, 923 F.3d 524 (May 8, 2019), a 2-1 panel of the Ninth Circuit
Apparently, Trees Still Aren’t Quite “Property” In Nebraska
This is a case about trees. The County highway maintenance department entered the plaintiffs’ rural undeveloped land (with permission) to cut and remove certain trees, but then went to the wrong place and cut the wrong trees.
The plaintiffs wanted compensation for the trees, measured as the cost to replace the trees. The County offered
New Stinky Cert Petition: By Wiping Out Nuisance Claims, Right-To-Farm Act Is A Taking
Here’s a cert petition that we’ve been waiting to drop in a case we’ve been following. This one asks whether a state legislature’s virtual elimination of a cause of action is a taking.
The harsh reality is that farms and ranches can stink. But in Right to Farm Acts, many state legislatures, Indiana’s
Trash Talking: Permit Condition Not Backed By Proof Of Nexus And Proportionality Is Illegal Exaction
We don’t often post trial court orders, but this one, Chiquita Canyon, LLC v. Cnty of Los Angeles, No. BS 171262 (Cal. Super. July 2, 2020), from the California Superior Court, is worth reading for you land use and exactions mavens.
It’s a long order, so we won’t go into great detail, but the
New Book Coming In August: Regulatory Takings After Knick by David Callies
by David Lee Callies
Coming soon (August), a new book from lawprof David Callies on what might be our favorite subject, regulatory takings.
We had a chance to review the proofs, and we highly recommend this one for your bookshelf. We’ll bring you more once published. But for now, you can reserve your copy here
Louisiana Court Slaps Down Pipeline for Just Going Ahead And Building Before Actually Taking Property
A pipeline needed private property. Did it wait until it had actually taken the property before it started to build the pipeline? No.
In Bayou Bridge Pipeline, LLC v. 38.00 Acres, No. CA 19-0565 (July 2020), the Louisiana Court of Appeal addressed a host of challenges:
- A broad facial challenge to Louisiana’s expropriation system.
Michigan: Gov’t Keeping The Change From Tax Delinquency Sale Is A Taking
Our Louisiana friends have a great word — lagniappe — that we’re not sure we understand precisely, but to us has always meant that little something extra. As Mark Twain wrote, “[i]t is the equivalent of the thirteenth roll in a ‘baker’s dozen.’ It is something thrown in, gratis, for good measure.” As far as