We suggest those of you interested in takings ripeness — here, the so-called “final decision” requirement — take a quick gander at the Texas Court of Appeals’ opinion in City of Buda v. N.M. Edificios, LLC, No. 07-23-00427-CV (July 2, 2024).
We won’t go into the details, except to say that a property
The site of the Erie incident, just a mile away from Mahon’s home.
Here’s an unusual, and kind of interesting one, from a U.S. District Court (Hawaii) in an eminent domain case brought by the County of Maui against the owner of Maui property which is needed for a solid waste disposal site
A fairly short one from the North Carolina Court of Appeals, but well worth your time to read.
Mata v. N.C. Dep’t of Transportation, No. COA23-1140-1 (July 16, 2024) is the latest in the “Map Act” takings cases that we have long covered. There, N.C. legislature adopted a statute that identified future highway corridors
Check out this decision, entered by a Rhode Island Superior Court (a general jurisdiction trial court) denying the State’s motion for summary judgment. The court concluded that a recently-adopted statute shifting the boundary between public and private property on RI’s beaches is a taking.
We won’t be commenting in too much detail because this
paragraph of the Answer responsible for all this:
Take that, Kohler Act.
Check out some of the history behind the decision. “Pillar robbing.”
In granting the injunction to Mahon, the county trial judge played the “I’m just a simple country lawyer” card:
Yeah right, Your
Check this out: our Pacific Legal Foundation colleagues (Brian Hodges and Deborah La Fetra we on our Sheetz SCOTUS team), have posted a new scholarly piece on SSRN, “Sheetz v. County of El Dorado: Legislatures Must Comply with the Takings Clause.”
Here’s the Abstract:
For more than 30 years, the Supreme Court
Check out this decision, entered by a Rhode Island Superior Court (a general jurisdiction trial court) denying the State’s motion for summary judgment. The court concluded that a recently-adopted statute shifting the boundary between public and private property on RI’s beaches is a taking.
We won’t be commenting in too much detail because this
Because the latest takings cert petition is one of ours (our colleagues Dave Breemer and Deb La Fetra are counsel for the petitioner), we won’t be commenting all that much on it.
Except to say that this is the latest in a series of cases where the obligation to provide just compensation for takings butts
We were all set to write up a scintillating and detailed analysis of the New Jersey Appellate Division’s opinion in Englewood Hospital & Med. Center v. New Jersey, No. A-2767-21 (June 27, 2024), when we thought, ah, why not just ask you to read our New Jersey colleague Joe Grather’s scintillating and detailed analysis.
Short story is right there in the title of this post. As Joe puts it:
In short, the hospitals argued that requiring them to provide charity care and Medicaid care at a loss was an unconstitutional taking of private property without just compensation. The trial court analyzed the claims as an “as-applied” challenge. Therefore, it dismissed some of the claims because of a failure to exhaust administrative remedies. The “slightly different reason” was that the Appellate Court found the claims were a facial challenge to the constitutionality of the statute, and therefore it analyzed the takings claims under the familiar rubric of whether there was a “direct government appropriation or physical invasion of private property,” or an “uncompensated regulatory interference with a property owner’s interest in their property.” Slip op. at 14.
No physical taking, no Penn Central taking. We recommend you read his entire post “As We Approach Our Nation’s Birthday, a New Jersey Appellate Court Rejects Hospitals’ Takings Claims.”
Joe ends it this way: “I bet the hospitals are preparing their petition for certification to the New Jersey Supreme Court now. Happy 4th of July!”
That means to stay tuned for more.
Englewood Hospital & Med. Center v. New Jersey, No. A-2767-21 (N.J. App. Div. June 27, 2024)
Continue Reading New Jersey: Forcing Hospital To Provide Care At A Loss Isn’t A Taking
Join us next week with ALI-CLE for “Property Rights and Regulatory Takings at the Supreme Court.” We’ve assembled legal experts including counsel in the Sheetz and DeVillier Supreme Court cases, and a dirt law legal scholar to discuss these important decisions and answer your questions (including “what’s next?”):
The 2023-24 Supreme Court term
