Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a big discussion of the biggest item, the Supreme Court’s decision in Cedar Point, assuming that the Group will schedule a full session on that decision alone). So here is our curated list of what we think are the most interesting recent decisions in areas of interest to the Group:
- Land use and short-term rentals: Euclid Lives! Mass SJC: “Short-Term” Rental Is Not A Permissible Primary Use In A Residential Zone Because Not Of “Residential Character”
- Environmental standing: Iowa: No Standing To Ask Court To Rule That Public Trust Doctrine Requires Legislation To Regulate Farmers
- Environmental standing, part 2: Hawaii Supreme Court: Anyone Claiming That An Affordable Housing Project Might Impact Their Property Interests In A “Clean And Healthful Environment” Has Standing To Object
- Exactions (sorry we didn’t get to this one in the session, but here it is anyway because it is a good case to review): Ordinance Requiring Developer Pay For “All Necessary Road Capacity Improvements” Violates Nollan/Dolan
- Public use in eminent domain: So Close: SCOTUS Declines To Revisit Kelo (For Now) (a taking to remedy potential future blight is a “public use”)
- Public use in eminent domain, part 2: Ill App (unpub, unfortunately) Strikes Down Taking For Road To Be Owned By The Public
- Just compensation in eminent domain: Louisiana SCT: No Statutory Attorneys’ Fees For Pipeline Taking – But LA Constitution’s Just Comp Clause Requires Owners Recover “The Full Extent” Of Their Loss (Which Includes Fees)
- Regulatory takings, emergencies, and necessity: Fourth Circuit: No Taking When Aerial Pesticide Spray Killed Bees … But Not Why You Think
Thanks again, colleagues.