As we noted in this post (“CA4 (Over Dissent): No Taking When Maryland Outlawed ‘Rapid Fire Trigger Activators’“), it was likely that a cert petition would follow after the U.S. Court of Appeals for the Fourth Circuit held (over a strong dissent) that it was not a taking when Maryland outlawed previously lawful
It’s An “Exaction” When Govt Requires Landowner To Spend Money To Improve Govt Land
A short one from the Florida District Court of Appeal (Second District) on exactions.
More precisely, what is an “exaction.”
In Murphy Auto Group, Inc. v. Fla. Dep’t of Transportation, No. 2d19-1236 (Nov. 20, 2020), the court held that the requirements of Nollan/Dolan (nexus and rough proportionality) apply when the DOT demanded
Trial Court Had Discretion To Exclude Unapproved, Conditional, 10-Year-Old Site Plans From “Before” Condition
A short one from the Virginia Supreme Court. In Palmyra Associates, LLC v. Comm’r of Highways, No. 191680 (Dec. 17, 2020), the court upheld the exclusion of evidence about a property’s “before” condition in a partial take case, concluding that the proffered evidence of the property’s development potential was too speculative. Or, more accurately
Hawaii: State Takings Are “Self-Executing” Constitutional Violations (Not Torts Or Breaches Of Contract), Subject To A Six-Year Statute Of Limitations
Here’s a big development in a case we’ve been following for a while (and in which we filed an amicus brief in support of the prevailing property owner).
In DW Aina Lea Dev., LLC v. State of Hawaii Land Use Comm’n, No. SCCQ-19-156 (Dec. 17, 2020), the unanimous Hawaii Supreme Court held that the
Holiday Suggestions For The Dirt Lawyer On Your List (2020 Edition)
Charlie Brown got a bag of rocks for Halloween.
But you aren’t so cruel, and want to give better gifts this holiday season to the dirt lawyer in your life, no? Here are our 2020 suggestions for stocking stuffers that will make property mavens celebrate the season.
Start with this one, Professor Bart Wilson’s
Tex App: Term “Property Owner” In Statute Requiring Bona Fide Offer Does Not Include Owner Of Easement
Before it condemned a parcel of land in Bastrop County, the State of Texas made a bona fide offer to purchase to the owners of the fee as mandated by Texas law, which requires that a condemnor make an offer to the “property owner,” and provide a statement “to the landowner[.]”
But in In re
The Latest Supreme Court Takings Case, Argued This Week
Earlier this week the U.S. Supreme Court heard oral arguments in its latest takings case.
Wait, what? Did we miss something? A takings case, argued this week?
No, you didn’t miss a land use or eminent domain case, but one in which Holocaust victims sued Germany in a U.S. court for seizure of property
Surf And Turf (Our Beef With The Virginia Oyster Takings Case): Although Leases Are “Property,” They Don’t Confer A Right To Exclude Government Sewage
Often, the dispositive question in many takings cases tuns on whether the plaintiff owns “property,” and if so, what rights does that recognize. If you define the property in such a way that ipse dixit excludes the “stick” the owner claims was taken, then the answer is always going to be no property, no taking.
Sidebar: Hawaii Supreme Court And Ineffective Assistance Of Appellate Counsel
We’re taking a slight detour today from our usual fare, to cover a case in which we represented the petitioner that involves effective assistance of counsel. Appellate counsel. It’s a post-conviction relief case and not takings, but if you are interested in appellate practice, read on.
In Villados v. State of Hawaii, No. SCWC-15-0000111
Border Wall Funding Case Headed To SCOTUS? CA5: “We are aware that our decision conflicts with the Ninth Circuit’s recent holding in Sierra Club v. Trump.”
You know what SCOTUS nerds want for Christmas? These words, in a federal court of appeals opinion:
We are aware that our decision conflicts with the Ninth Circuit’s recent holding in Sierra Club v. Trump. That case involved a parallel challenge to the Government’s use of § 2808 funds to build the border wall.