To those able to join us today for IMLA’s “The Takings Issue” webinar, thank you. Here are the links to the items which I discussed:
On Koontz:
- “Surprise! Environmental Lawprof Dislikes Koontz“
- Ann E. Carlson and Daniel Pollak, Takings on the Ground: How the Supreme Court’s Takings Jurisprudence Affects Local Land Use Decisions, 35 U.C. Davis L. Rev. 103 (2001)
On California Building Industry Ass’n v. City of San Jose:
- “Cal Supreme Court: Affordable Housing Exaction Subject Only To ‘Aliens Might Have Done It’ Rational Basis Review“
- The briefs of the parties and amici in CBIA.
- The Court of Appeal’s decision (“Cal App: ‘Inclusionary Housing’ Money Exaction Might Just Survive Low-Level Scrutiny“)
- The City of San Jose ordinance
- Cal. Building Industry Ass’n of Central California v. City of Patterson (the Court of Appeal decision applying Nollan/Dolan to an in-lieu affordable housing exaction)
- Levin v. City and County of San Francisco (N.D. Cal. Oct. 21, 2014) (applying Nollan/Dolan to San Francisco’s “relocation payment” which property owners must pay to get out of the residential rental business)
- Commercial Builders of N. California v. City of Sacramento, 941 F.2d 872 (9th Cir. 1991)
On Horne:
- “Horne v. USDA: Way More Than Silly Raisin Jokes” (our summary and analysis of the opinions)
- That Daily Show piece on Horne
- Our report from the Horne oral arguments (“Levithan Shrugged: Oral Arguments in Horne Reveals The Taking, But Remedy Still Open“)
- The recently-filed challenge to Oakland’s public art fee
- Is temporarily seizing — and destroying — someone’s hard drive a taking?
- Is seizing and rendering valueless legal prescription drugs a taking?
- Is damage as the result of the execution of search warrant a taking?
