Not too long ago, we posted the Fifth Circuit’s panel opinion in a case where the court held that there’s nothing a federal court can do if a local government does not pay a state-court just compensation judgment. We filed an amicus brief in that case arguing “[t]he Takings Clause does not permit the Sewerage
Fla App: No Taking, Because COVID Is A Really Good Reason To Shut Bars Down
Another takings challenge to a Co-19 shutdown, another “no taking” result.
This time, it is from the Florida District Court of Appeal (Fifth District). In Orlando Bar Group, LLC v. Desantis, No.5D21-1248 (Apr. 8, 2022), the court affirmed dismissal of takings challenges to the governor’s emergency order that barred certain alcohol sales, and
CA8: Yee v. Escondido Doesn’t Save Eviction Moratorium From Takings Review
Here’s the latest case challenging a pandemic-related eviction moratorium, this one from Minnesota and the U.S. Court of Appeals for the Eighth Circuit.
In Heights Apts, LLC v. Walz, No. 21-1278 (Apr. 5, 2022), the court reversed the district court’s dismissal of a property owner’s takings claims. The owner challenged the Minnesota governor’s residential
It’s Official, So Mark Your Calendars: ALI-CLE Eminent Domain & Land Valuation Litigation Conference: Feb 2-4, 2023, Austin, Texas
When we met for the 39th ALI-CLE Eminent Domain & Land Valuation Litigation Conference in-person in Scottsdale a couple of months ago, we hinted that you’d like the venue for the 2023 Conference. We say “hinted” because without an executed contract with the venue, we could not officially announce it.
But the good folks
What Can A Property Owner Do When A Condemnor Doesn’t Pay? (Fifth Circuit: Nothing)
Here’s an issue that we’ve been following for a while. What will a court do when a condemnor is ordered to pay (the property owner has a judgment in hand), but the condemnor says “no thanks”?
The latest incarnation is the U.S. Court of Appeals’ opinion in Ariyan, Inc. v. Sewerage & Water Board
Adieu To A Quiet Professional – Jay Massey
From the “too modest” department: when you find out that a fellow you knew only as an appraiser/MAI (who once mentioned offhand that he was “in the Army for a bit before I became an appraiser”) was so much more than what you knew him as.
Yes, he was the one who taught you about
CA8: Ordinance Making It Really Really Hard To Reject Tenants Isn’t A Physical Taking
Check out the U.S. Court of Appeals for the Eighth Circuit’s opinion in 301, 712, 2103 and 3141 LLC v. City of Minneapolis, No. 20-3493 (Mar. 14, 2022), in which the court held that a Minneapolis ordinance prohibiting property owners from rejecting a prospective tenant because of the applicant’s criminal, credit, or rental history
Death By A Thousand Days: Presenting “The CEQA Gauntlet” Report
See if you can navigate this maze.
Even if you are not in California, this thing called “CEQA” (the California Environmental Quality Act) is something you might have heard of. An environmental reporting statute on steroids, CEQA is, according to this new report from the Pacific Research Institute, the main reason why California is
OK: Inverse Is A Two-Way Street – Utility Has Eminent Domain Power, So Is On The Hook For Inverse
When you are building a sewer, grading is important. Otherwise, the stuff might not “flow” correctly, if you get our drift. Okay Public Works Authority built a sewer, and guess what? “The work performed by OPWA caused extensive damage” to private property, and the “lines installed by OPWA had not been properly graded.”
Not good.
CA4: Just Comp Isn’t The Only Remedy For A Taking
Here’s a really short one from the U.S. Court of Appeals for the Fourth Circuit. Not published, so even shorter than you might expect.
In Virginia Hospital & Healthcare Ass’n v. Kimsey, No. 20-2176 (Mar. 1, 2022), the court rejected the Commonwealth’s argument that the sole remedy for a takings claim is just compensation.