You understand that there are just some cases where a certain analysis and outcome appeal to your intellect, but your gut goes “ick,” and you’d bet that a judge’s (or judges’) reaction would be similar. Thus, intellectual analysis takes a backseat to the gut. (What one of our mentors referred to as “the widow plaintiff”
You Thought We Were Joking When We Said The California Coastal Commission Would Never Allow Starfleet Headquarters To Be Built
The California Coastal Commission has now reached the parody stage.
In the “Star Trek” TV shows and movies, Starfleet Headquarters is depicted as being across the Golden Gate from San Francisco, in the Marin Headlands. It’s a longstanding joke among those who know about the regulatory overreach of the California
Imagining The Future Of Regulatory Takings: “Making Property Rights Cool Again”
Lawprof Ilya Somin (GMU Law), Mercatus Center’s Charles Gardner,
and lawyer Emily Cruikshank Bayonne (Tubman Realty, LLC)
speaking on “How Policy Changes Can Address Incursions on
Property Rights Where Courts Have Failed to do So.”
Jim Burling (PLF) moderating.
Recently, we attended a wonderful symposium co-sponsored by George Mason Law School’s Journal of
CA10: A Municipality Is Forcing Owners To Violate State Law … No Problem!
This one from the Tenth Circuit didn’t even merit a published opinion, but is still worth reading, just because the situation seems so absurd.
In this Order and Judgment, the court affirmed the dismissal of property owners’ claim that the County wouldn’t issue a septic permit until after the owners actually constructed the septic
Ohio: Settlement Means You’re Done
Here’s the latest in our series of cases which in effect say “when you settle, you’re done.”
In State ex rel. Gideon v. Page, No. 2024-0573 (Oct. 10, 2024), the Ohio Supreme Court made short work of an argument that the trial judge in an eminent domain case lacked jurisdiction to enforce a settlement
Hawaii Dirt Lawyers: Don’t Miss “Property Rights & Regulatory Takings” CLE At The HSBA Convention (In-Person & Webcast)
Hawaii lawyers (and those barred in the 808), take note: On October 21, 2024, the Hawaii State Bar Association will hold its annual Convention, and as always there’s a full lineup of CLE programs so you can meet your MCLE requirements.
Thanks to the Real Property & Financial Services Section, there’s a significant dirt law
“Build-to-Rent Homes: A Promising Solution to Chronic Housing Shortages” – CRE 2024 Jared Shales Prize
Congratulations to our Pacific Legal Foundation colleague Brian Hodges for his article “Build-to-Rent Homes: A Promising Solution to Chronic Housing Shortages” being awarded the 2024 Jared Shales Prize by the Counselors of Real Estate (CRE).
From the Introduction:
When homeownership is increasingly out of reach for many, build-to-rent (BTR) housing offers a
Guest Post (Jennifer Polovetsky): “Is Judicial Deference to Government Agency Decisions in Eminent Domain Cases at Risk?”
Today we have a guest post by New York colleague Jennifer Polovetsky, who writes about the intersection of administrative law (Chevron deference) and public use in eminent domain.Thanks to Jennifer (and to the New York Law Journal) for allowing us to republish her intriguing piece.
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Is Judicial Deference to Government Agency Decisions
No SWAT Takings In CA6: Police’s Power To Arrest Includes Privilege To Damage Property
If there’s a silver lining in the U.S. Court of Appeals for the Sixth Circuit’s opinion in Slaybaugh v. Rutherford County, No. 23-5765 (Sep. 3, 2024), a case about what we call “SWAT takings” (police destroy someone’s property in order to dislodge a criminal suspect), it’s that the court did not adopt