Check out this press release, reprinted on the Wine Industry Advisor (“Renowned International Winemaker Files Lawsuit Against Napa County over Denial of Water Rights“), noting that “winemaker of some of the world’s most sought-after wines” has sued the County in federal court for a regulatory taking, because it denied well permits after Woodbridge
September 2023
CA6: In Home Equity Theft Taking, Just Compensation Is The Excess The Government Kept, Not The Value Of The Foreclosed Home
By Robert H. Thomas on
Posted in Just Compensation | Appraisal, Regulatory takings
Here’s a follow up to the issue resolved by the Supreme Court in Tyler v. Hennepin County. Recall that in that case, the core question was whether state law exclusively defined the “property” which Ms. Tyler claimed – the monies remaining after the foreclosure and sale of her home to satisfy her outstanding property…
ALI-CLE’s Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here’s Why.
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Environmental law, Equal Protection, Events | Conferences, Floods and Flooding, Inverse condemnation, Judicial Takings, Just Compensation | Appraisal, Land use law, Municipal & Local Govt law, Necessity, Nollan/Dolan | Exactions, Penn Central, Physical Invasion | Yee, Pipelines, Police Power, Property rights, Public Use | Kelo, Rail, Rails-to-Trails, Redevelopment, Regulatory takings, Relocation | URA, Rent Control, Ripeness | Knick, RLUIPA | religious land use, UIPA - Public Records Law, Vested rights, Water rights | Public trust, Wildfires | Flooding, Zoning & Planning
Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
Maine: To Avoid A Judicial Taking, We’re Not Going To Alter Common Law – Property Owner May Remove Parts Of Neighbor’s Encroaching Tree
By Robert H. Thomas on
Posted in Judicial Takings
Property issues often boil down to neighbor relations. Where is the property line, can I pick fruit from my neighbor’s apple tree from my side? Her dogs take a dump on my lawn. And the like.
Those of you who practice in this area know that retail dirt law can be about the big issues…
Asserting His Property Right To Exclude “toxic fecal matter,” Joe Montana Sues San Francisco For Inverse Condemnation
By Robert H. Thomas on
We’re posting this Complaint, not because it raises any new or novel issue, but because one of the plaintiff/property owners is San Francisco 49ers legend Joe Montana, who is suing San Francisco, alleging that the city’s maintenance of its stormwater/wastewater system (yes, the systems are one and the same) caused sewage to flood their…
New Cert Petition: California’s Escheat Procedures Cheat Due Process (And Take Property To Boot)
By Robert H. Thomas on
Here’s the cert petition, recently filed, which asks the Supreme Court to review the California courts’ decision that the state’s “unclaimed property” statute — by which the State is able to grab billions of dollars of private property on the theory that the owners abandoned it. The statute requires the State to try and…
Arizona Supreme Court To Decide Whether Condo Law Which Permits Association To Force Sale Of A Privately-Owned Unit Is A Taking
By Robert H. Thomas on
Posted in Property rights, Regulatory takings
Here’s the Order by which the Arizona Supreme Court agreed to review a case we’ve been following.
The main issue is whether the Arizona condominium statute, which allows the condo association upon termination of the condominium regime, to sell individually-owned units is a taking under the Arizona Constitution.
Here are the questions presented:
FURTHER ORDERED:…