The Eleventh Circuit’s short opinion (really short – 1.5 pages) in Sabal Trail Transmission, LLC v. 3-921 Acres of Land, No. 22-10435 (July 25, 2023), is straightforward: to resolve whether a Florida property owner subject to a private condemnor taking under the federal Natural Gas Act has a property right in attorneys fees and
Ohio S Ct Rejects Attempt To Import Regulatory Takings Ripeness Into Physical Takings
A short (but interesting) one from the Ohio Supreme Court. In State ex rel. Balunek v. Marchbanks, No. 2021-1469 (July 25, 2023), the court held that a physical takings claim alleging the DOT cut off access to property was ripe, even though the owner might have applied for permit to gain access.
As part
Tuesday Property Round-Up (International Edition)
Here’s what we’re reading today:
- Timothy Harris, Backwards Federalism: The Withering Importance of State Property Law in Modern Takings Jurisprudence, 75 Rutgers L. Rev. ___ (2023) (“Modern Supreme Court Fifth Amendment takings cases have – paradoxically — diminished the role and importance of state law. Doing so creates uncertainty and unpredictability in determining where
Tex App: Nollan/Dolan Challenge To Annexation Fees Not Ripe: You Have To Apply For Annexation To Find Out What The Fee Will Be
The city told an owner whose three parcels were outside of the city’s jurisdiction that if it wanted the city’s permission to replat into 74 parcels, it would need city water and sewer service to each of the proposed lots.
So the owner asked to connect to the city’s water and sewer system (deliberately overbuilt
New Article: Application of the Penn Central Test
Here’s a recently-published article (ALI-CLE’s The Practical Real Estate Lawyer) on a subject that we know you will want to read about: Jon Houghton, Hertha Lund, and Ben Stormes, Application of the Penn Central Test, 7 Prac. Real Estate Lawyer 7 (May 2023).
Check it out. It’s short, practical (naturally), and
Ohio S Ct In Power-To-Take Case: Too Soon!
The latest in a case we’ve been following doesn’t get to the substantive issue: is a local park district authorized to take private property for a bike path when the statute authorizes takings for “conservation of natural resources?”
Instead, the Ohio Supreme Court dismissed the appeal for a familiar reason: lack of a final judgment.
Property Rights Icon To be Recognized By ABA With Lifetime Achievement Award (Aug. 4, 2023)
Join us in Denver in a few weeks at the American Bar Association Annual Meeting where our section, the Section of State and Local Government Law, will be presenting the Jefferson Fordham Awards.
The Jefferson B. Fordham Awards, the highest honors given by the ABA Section of State and Local Government Law
Aug 4, 2023: “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power” (ABA Annual Meeting, Denver)
The Mahon Property
Join us on Friday, August 4, 2023 (10:30-11:30am, MT) in Denver at the ABA Annual Meeting for our CLE session on “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses
Colorado App: Lessees Are Not “Property Owners” Under Attorney Fees Statute
When a condemnor is told “no” (or voluntarily drops an eminent domain lawsuit), many jurisdictions require it to pay attorney fees to the parties on the target end of the vs.
Colorado is one of those jurisdictions, and as the Colorado Court of Appeals noted in Mulberry Frontage Metro. Dist. v. Sunstate Equip. Co.
New Article: “UFOs and Eminent Domain”
A big thanks to friend and colleague Paul Henry for bringing to our attention this article by Andrew Stuttaford, UFOs and Eminent Domain.
No, it (unfortunately) is not the latest tenure-making scholarly law journal article (but we can dream, can’t we?), but a piece in National Review.
It details a proposal to release