Anyone who has followed this blog for any length of time knows that our favorite movie is Australia’s The Castle (yes, eminent domain abuse can be funny!)
But did you know where the idea that your home is your castle comes from? Like a lot of things, the source is our old friend, Lord Edward
We’re not 100% certain of what the issues are in Landowners United Advocacy v. Cordova, No. 19-1126, a case argued in the U.S. Court of Appeals for the Tenth Circuit yesterday.
But from what we can gather from listening between the lines to the OA recording (and reviewing some of the District Court documents
We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.
We’ve
Here’s the video of (most, but not all of) the recent session featuring four lawprofs discussing “Originalism and Constitutional Property Rights” at the Federalist Society lawyers’ meeting.
Interesting debate, all about the text of the Fifth and Fourteenth Amendments, the “original public meaning of the Takings and Due Process clauses, and all that
We contributed to Marketplace‘s Morning Report (stream above, or visit this link), and its brief discussion of the California wildfire and inverse condemnation situation, “PG&E tries to get out of its financial responsibility to those affected by west coast fires.” That portion of the broadcast begins at the 1:57 mark.
Today’s the
We’re not quite sure what to make of the New York Supreme Court, Appellate Division’s short opinion in 82 Willis, LLC v. City of New York, No. 10303 (Nov. 12, 2019).
There, the court held that flooding on an adjacent vacant lot alleged to have been caused by the city’s project to redo the
Here’s the latest in a case we’ve been following for a while, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 16, 2019).
The petition seeks review of a Massachusetts decision which held that a judge, not a jury, determines Penn Central takings questions, and also that the owner lost anyhow
Check this out: the Complaint, filed a couple of days ago in federal court against the State of New York (and others), that alleges the state’s recently-adopted rent control regulations is a taking (among other claims).
It’s a long complaint so we shall leave it to you to delve into the details yourselves. Most
We add a flowchart to this post because the Washington Supreme Court on page 15 of its opinion in Yim v. City of Seattle, No. 95813 (Wash. Nov. 14, 2019) (em banc) (Yim I), includes a flowchart that purports to solve the regulatory takings puzzle once and for all.
Really.
You should
All seemed to be going well for the property owners in a Florida takings case. They obtained a satisfactory compensation judgment for the taking of their healthy citrus trees (yes, this is that case). And because Florida’s Constitution requires “full” compensation, they were also entitled to attorneys’ fees and costs. $13 million in compensation