Dad was from upstate New York. More correctly, a town literally in both New York and Vermont (the state line runs right through the middle of the burg). His mother’s family were old time rural Vermonters, and he shared many of the stereotypical traits of his people – solid, self-reliant, taciturn. Many questions answered solely
New (Judicial Takings!) Cert Petition: NY Court Took Property When It Disallowed Deregulation Of Luxury Rent Controlled Apartments
Here’s a two-fer that covers very difficult and unsettled subjects in takings law: judicial takings and rent control.
In this cert petition, New York property owners assert that the New York Court of Appeals (the state’s highest court for those of you who do not watch Law & Order (dun-dun)), took private
CA10: SWAT Attack On Home Where Shoplifting Suspect Holed Up Isn’t A Taking
We’re back again at that supposed distinction between the police power and the eminent domain power, which reminds us of that old tale about President Lyndon Johnson:
After reviewing a contingent of Viet Nam-bound Marines in California, Lyndon Johnson strode purposefully toward what he thought was his helicopter. “That’s your helicopter over there, sir,”
Citizens Sue Maui Mayor (Finally) To Force Him To Settle SCOTUS Clean Water Act Case – But Is It Too Late To Scuttle The Arguments?
Here’s the other shoe that we’ve been waiting to drop.
Recall that in our last post on the pending Clean Water Act case (SCOTUS oral arguments scheduled for November 6, 2019 – yeah, as in one week from tomorrow), we suspected that a declaratory judgment action would be filed in a Hawaii state
All Of Our Past California Wildfires And Inverse Condemnation Posts
With the ongoing wildfire dramas ongoing across California, several of you have asked us to collect the posts we have done about inverse condemnation liability in one place. So here you go:
- Lights Out In The Land Of No: The Practical Effects Of California’s Wildfire Inverse Condemnation Doctrine
- Cal Supreme Court: Stop Saying Inverse Condemnation
State’s Amicus Response: Two-Year Statute Of Limitations In State Law Takings Claims Because Inverse Condemnation Isn’t The Same As Eminent Domain
Here’s the State of Hawaii’s response to an amicus brief we filed in a case that asks the Hawaii Supreme Court to resolve the question of what statute of limitations governs takings claims under the state constitution. We argued that constitutional claims such as these might not be subject to legislatively-imposed statutes of
Lights Out In The Land Of No: The Practical Effects Of California’s Wildfire Inverse Condemnation Doctrine
These days, parts of California often looks more like a developing country than the world’s fifth most powerful economy. Urban encampments — complete with medieval diseases — have become legendary. The streets of its glittering cities of tech are paved not with gold, but with human waste (but there’s an app for that!).
Apparently, Trees Are Not Property In Nebraska
We read the Nebraska Court of Appeals’ opinion in Russell v. Franklin County, No. A-18-827 (Oct. 15, 2019), twice, just to be sure we were understanding the holding and rationale correctly. Apparently we were: the court held that when the State (inadvertently) takes property — here, the County highway maintenance department entered the plaintiffs’
Lumps, Slices, And Sticks: Podcast With Property Lawprof Lee Anne Fennell
A short post today, since we’re butting up against a deadline, and are attending a conference most of the day (don’t you hate that when that happens?). But we have to share with you a recent Ipse Dixit podcast, which features property lawprof Lee Anne Fennell, talking about her recently-published book, which should be of
Cal App: Agency Has Power To Adjudicate Whether The Agency Itself Is Taking Property (Really)
Update 10/25/2019: an astute and seasoned correspondent writes that the issue of whether a property owner must raise constitutional issues in the administrative proceedings was settled in a published opinion that involved the same agency, the California Coastal Commission. See Healing v. Cal. Coastal Comm’n (1994) 22 Cal. App. 4th 1158 (we put in in