Here’s one about Lucas “background principles” of property law, or maybe the Supreme Court’s current focus on “history and tradition” when it comes to defining private property for purposes of the Takings Clause.
In So. Cal. Edison Co. v. Orange County Transp. Auth., No. 22-55498 (Mar. 13, 2024), the…
Here’s what we’re reading today:
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There’s a lot going on in the U.S. Court of Appeals for the First Circuit’s opinion in Ocean State Tactical, LLC v. Rhode Island, No. 23-1072 (Mar. 7, 2024), involving a challenge to a Rhode Island statute outlawing possession of certain large capacity gun magazines.
But unsurprisingly, we’re going to be most interested in…
Under many (most?) state eminent domain schemes, if a property owner withdraws the condemnor’s deposit prior to the judgment of condemnation, the owner waives — or, more technically, forfeits — the ability to challenge public use and necessity.
Vermont is no different, and under its statute, waiver is triggered by the owner’s “acceptance and…
The New York Supreme Court Appellate Division’s opinion in HBC Victor LLC v. Town of Victor, No. 23-01347 (Mar. 22, 2024) marks the second time the issue of whether the Town can seize HBC’s property by eminent domain.
The first time out the court shot down the taking, concluding that it lacked a valid…
