California SCT To Review Major Challenge To Coastal Commission’s Claimed Power To Overrule Local Govt’s Housing Approvals
Disclosure: this one is one of ours, so we’re not going to do a deep dive or do much commentary (must resist!).
Yesterday, the California Supreme Court granted a Los Osos property owner’s petition, and agreed to review an (unpublished) Court of Appeal opinion which held that the California Coastal Commission has
New “Spite Taking” Cert Petition: Can Govt Take Property To Stop Owner From Making An Allowed – But Disfavored – Use?
Here’s the latest in a case we’ve been following.
Our friends at the Institute for Justice have filed this cert petition asking the Supreme Court to take up the case where a New York town eminent domained the Brinkmann property for a public park.
What’s wrong with that, you ask…isn’t a public park a
(Another) Must-Listen Podcast: Infrastructure Junkies’ “The Greatest Eminent Domain Story That You’ve Never Heard!”
This one is about Robert Moses. Yeah, that guy. You may think you know the story, but even if you do, it will be worth your time to listen to this episode of Dave and Kristen’s Infrastructure Junkies podcast. You will probably learn something new like me.
Here’s the pod’s description of the episode:
Games Government Play: Ninth Circuit Doesn’t Buy Attempt To Moot Constitutional Challenge To Co-19 Vaccination Policy By Sandbagging And Withdrawing
Games people play
Night or day they’re just not matchin’
What they should do
Keeps me feelin’ blue
Been down too long
Right, wrong, I just can’t stop it
This one isn’t about takings, but is nonetheless a must-read.
In Health Freedom Defense Fund, Inc. v. Carvalho, No. 22-55908 (June 7, 2024), a panel
New Bound by Oath Episode: Berman, Public Use, And Urban Renewal
This is a must-listen, the latest episode of John Ross’s Bound by Oath podcast. This season is covering property rights, and this episode details Berman v. Parker, which may be the first case in what we’ll call the “modern era” where the Supreme Court set the judicial hands-off tone for public use challenges.
The
New Cert Petition: When Does The Statute Of Limitations Start To Run On A Reg Takings Claim?
Here’s the latest in a case we’ve been following.
Check out this cert petition which asks about what actions trigger the statute of limitations on a takings claim. This is an issue that seems to be cropping up more and more these days. For example, see here, here, here, here
Unpublished Wednesday: Eviction Moratorium Taking, Excessive Fines Taking, And 1983 Zoning Statutes Of Limitations
Here are three federal circuit opinions, all unpublished. None of them worthy of a stand-alone post, but also not to be overlooked entirely.
- GHP Management Corp. v. City of Los Angeles, No. 23-55013 (9th Cir. May 31, 2024): Lessors “failed to state a claim for a Fifth Amendment per se physical taking[,]” in their
New Article: “At Will [Employment] as Taking,” 133 Yale L.J. 2165 (2024)
Here’s the abstract:
Employment at will is legally and politically entrenched. It is the default termination law in forty-nine states and controls the working lives of most U.S. workers, creating a political economy of precarity and exploitation. In light of these challenges, this Essay offers a novel framework for a constitutional challenge to the at-will
Cal App: Inverse Complaint Alleged That Wildfire Was Substantially Caused By Inherent Risk, And That’s Good Enough
In Simple Avo Paradise Ranch, LLC v. So. Cal Edison Co., No. B320948 (May 23, 2024), the California Court of Appeal (Second District) held that a complaint adequately alleged a claim for inverse condemnation by asserting a privately-owned public utility’s actions substantially caused a wildfire.
The court rejected the utility’s argument that alleging that