When the city condemned a portion of CED’s property back in 2012 for a highway project (replacing an intersection with a roundabout), the city’s appraiser testified that the taking did not confer any “special benefits” to CED’s remainder parcel. Eventually, CED and the city settled the case and the city paid agreed-upon compensation and severance
There’s Still Time To Join Us In Detroit: 32d Annual Land Use Institute
Space is filling up, but there’s still time to join us later this month in Detroit for the 32nd Annual Land Use Institute (April-19-20).
We’ll let program Planning Chair Frank Schnidman explain all the reasons why, and we’ll add only these points: (1) it’s a very good program that won’t take much of your time
Seattle’s “First in Time” Tenant Rule Is A Taking
We don’t usually post up trial court rulings, preferring to wait until the issue percolates up through the food chain. But this one is an exception, because, well, it’s darned interesting, and we wanted to get you all on board on the ground floor.
Here’s the trial court’s order granting the plaintiffs/property owners summary judgment
Cert Petition: Is Land Only Partly Owned By A Tribe Immune From Eminent Domain?
Here’s the cert petition in a case we’ve been following out of the Tenth Circuit involving an attempt by a private utility company to take property which is now partly tribal land.
In Public Service Co. of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), there wasn’t a question that a federal
Thursday Round Up: Cert(s) Denied, Cal Wildfires, City-to-City Takings, Other Stuff
Here’s what we’re reading this Thursday:
Cert(s) Denied
- Brott v. United States, No. 17-712. This one was disappointing, but, I suppose, not surprising given that it would have upset current practice, no matter how unconstitutional that practice is. This is the case which challenged the takings-claims-against-the-feds-over-$10k-must-go-to-the-CFC-with-no-jury scheme. We did a brief in support.
Lunch And 15 Minutes: Federal Jury Finds State Land Use Commission Liable For Lucas And Penn Central Taking
As we reported here, the U.S. District Court for the District of Hawaii just finished a jury trial in a regulatory takings case (removed by the defendant State of Hawaii from Hawaii courts) involving a stalled development on the Big Island.
The jury has returned a verdict after 8 days of trial, concluding the
On This Day: Midkiff SCOTUS Arguments, Tweeted
We always were glad biology prevented us from hearing what others were thinking. Because if we were able to know what people really thought, we might not like each other very much.
Well, the internet — Twitter in particular — has broken through the biology and given us that opportunity, all in 160+ characters. The
Takings By Government Inaction?
Check out this recent article by lawprof Timothy Mulvaney, “Non-Enforcement Takings.” We’re used to situations in which government regulation results in a takings claim, but Professor Mulvaney asks about cases in which the government’s inaction is argued to result in a taking.
Here’s the abstract:
The non-enforcement of existing property laws is
The Paper Chase Is On!
This fall, I’ll be teaching a new course at the William and Mary Law School in Williamsburg, Virginia.
Here’s the description of Property Rights: Law and Theory (Law 608) from the course catalog:
Property rights and property theory have been essential components of Anglo-American law for centuries, and the protection of the right of
Department Of Precrime: HAWSCT Considers Cultural “Property” In Public Land
Remember the Tom Cruise/Steven Spielberg flick Minority Report? That’s the one based on Philip K. Dick’s short story in which the police force’s PreCrime unit can presage that a citizen will violate the law in the future, so they arrest him now even though he has committed no crime.
That’s the same vibe we