“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
Cert Granted #1 – You Don’t Need The Government’s Permission To Obtain Just Compensation, Do You?
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
The first is Devillier v. Texas (the
CA6: “The distric court’s ripeness determination, in turn, was plainly mistaken”
Before you get too excited by the U.S. Court of Appeals for the Sixth Circuit’s opinion in Catholic Healthcare Int’l, Inc. v. Genoa Twp., No. 22-2139 (Sep. 11, 2023), a spoiler up front: this may be a good ripeness decision, but this isn’t a takings case.
But you takings mavens may still want
New Cert Petition: “It is Time to Recognize the Judicial Takings Doctrine”
Interested in the intriguing question of whether a court ruling can “take” property? If so, check out the latest cert petition on the issue.
Let’s start with the Questions Presented:
1. Is a state supreme court able to “side-step” the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing preexisting property rights
Just Published – IRWA’s “Summary of Major Eminent Domain Cases & Legislation: Jan 1, 2023 – June 30, 2023”
Thanks to our co-authors for the latest issue of this recurring update.
The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is
Can One Government Official Really Hold Up Necessary Water Uses? The Hawaii Public Water Trust In Action
According to the County, this is an “industrial” use,
incompatible with “agricultural” zoning
Note: sorry, this is one of those longer posts, but the topic is a serious one, so we felt it needed more than our usual cursory treatment.
How Can That Be?
We’ve been somewhat reluctant to post too much on the legal
This Was Not Written For Chiefs! Happy Constitution Day From One Named Kirk
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.
KIRK: This was not written for chiefs!
Hear me! Hear this!
Among my people, we carry many such words as this from many lands
Green Backs And Land: Dr. Seuss (Thor Hearne) Explains Trails Act Takings
with apologies to Green Eggs and Ham
Our friend and colleague Thor Hearne (True North Law/Federal Takings blog) sent us this and when we asked, kindly consented to us sharing it with you.
Thor writes: “I was trying to explain to my granddaughters, ages six, three and four months what I
No Penn Central Taking Because City Might Have Allowed Smaller Development
There’s a lot to digest in the California Court of Appeal’s opinion in Lafayette Bollinger Dev., LLC v. Town of Moraga, No. A163636 (July 19, 2023).
Lafayette Bollinger Development, LLC v. Town of Moraga, No. A163636 (Cal. Ct. App. July 19, 2023)
CA8: 11th Amendment Trumps The Fifth Amendment – Just Because Just Compensation Is A “Self-Executing” Federal Remedy Doesn’t Mean You Get To Come To *Federal* Court
Remember after Knick when we predicted that the Supreme Court’s opening back up the federal courthouse doors wasn’t the end of the procedural gamesmanship, but merely the opening of a new chapter? That it was time to dust off your old Federal Courts hornbook, because things like the Eleventh Amendment, Rooker/Feldman, abstention