In Livingood v. City of Des Moines, No. 22-0586 (June 9, 2023), the Iowa Supreme Court held that the city’s use of the Iowa’s process by which the government can satisfy all or part of a taxpayer’s debt to a public agency by grabbing someone’s tax refund. In a nutshell, after trying to collect
Has Not Aged Well – SCOTUS, June 11, 1923: “The necessity for appropriating private property for public use is not a judicial question.”
Continuing in our line of posts noting milestones in dirt law, we bring you Rindge Co. v. County of Los Angeles, 262 U.S. 700 (1923), decided 100 years ago today.
For any of you who have driven the Pacific Coast Highway through Malibu, you will know the site of this eminent domain
CA1: Despite Two Variance Denials, Takings Case Not Ripe Because It Isn’t Futile To Try Again
Here’s the latest from the U.S. Court of Appeals for the First Circuit on takings ripeness, Haney v. Town of Mashpee, No. 22-1446 (June 6, 2023).
The case centers on Gooseberry Island, Massachusetts, which is zoned by the Town of Mashpee as R-3. But under the Town’s zoning code, any residence must have at
Another Cert Petition Challenging NY’s Draconian Rent Control As A Taking
Here’s the latest in a case we’ve been following, one of the multiple challenges to New York’s latest ratcheting up of rent control.
We think the Questions Presented spell out the issues pretty well:
New York has implemented the most sweeping and onerous rent control provisions the United States has ever seen in its
Colorado: Only The State Can Assert The Public Owns A Riverbed
Hill went down to the fishing hole on a Colorado river, the one he claimed was his favorite. Until those darned landowners “chased him off the property, sometimes with force.” He claimed they didn’t take too kindly to his efforts to go fishing on their land: “Specifically, Hill alleges that they threatened to have him
Upcoming Event: “The History [That Doesn’t Suck] of Eminent Domain” (Wed, June 7, 5pm ET – Free!)
Mark your calendars to join us on Wednesday, June 7, 2023 at 5pm Eastern Time, as the Eminent & Right of Way Club welcomes Professor Greg Jackson, host of the History That Doesn’t Suck Podcast.
We’re going to have a discussion about the history of eminent domain, what zoning looked like in
New Just Comp Cert Petition: Is Due Process Property Just Compensation Property?
A new cert petition to check out. We don’t need to explain it much, because the petition does a good job of it.
Here’s the Question Presented:
New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially
ALI-CLE First Look At “Sackett v. EPA and the Future of the Clean Water Act”
Want to find out what the experts — including arguing counsel for the property owners, our law firm colleague Damien Schiff — think about the Supreme Court’s recent Clean Water Act decision, Sackett v. EPA. And most importantly, what is next?
You are in luck: on Wednesday, June 7, 2023 at 1:00 – 2:15pm
Hey Boo Boo! This Case Is Better Than Your Average Warrantless Search Case: Camera-Toting Bear Accused Of Violating The Fourth Amendment
The (allegedly) offending Bear Number 119.
Check this out.
As reported in the Law360 story, “Does A Bear Film In The Woods? Couple’s Suit Says Yes,” a Connecticut property owner has filed this federal court complaint asserting that state game and fish officials tagged a wild bear and turned it into a state-sponsored,
New Takings Cert Petition (Ours): Can Govt Thwart Federal Court Regulatory Takings Claims By Seeking Abstention In Favor Of State Courts?
Here’s the latest in a case we’ve been following since before it became one of ours.
In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the Ninth Circuit upheld the district court’s dismissal of a regulatory takings case, holding that federal courts should abstain from considering regulatory takings cases in