A short one from the California Supreme Court. In Romero v. Shih, No. S275023 (Feb. 1, 2024), the court was presented with the question of whether Property Owner A had an implied easement over the driveway of Property Owner B.
The court held that easements may be created by implication, and “if there is
Hugo Grotius, aka Hugo de Groot,
born this day 441 years ago, April 10, 1583.
Author of the treatise “De Jure Belli et Pacis” (1625) — perhaps fittingly books about war and peace — which first used the phrase “eminent domain” to describe the sovereign power to forcibly acquire private
Have thoughts about where regulatory takings are (or should be) headed? Here’s your chance to get in on the conversation, and to shape the future of the law.
Our outfit, the Pacific Legal Foundation, in cooperation with the Antonin Scalia Law School’s Journal of Law, Economics, and Policy, are calling for papers on “Imagining
A quick one from the Arizona Supreme Court that isn’t so much a true takings case, but more like “takings adjacent.” In our view, it well illustrates the way that takings arguments can shape how statutes are interpreted, even if there isn’t a taking.
The case — Cao v. PFP Dorsey Investments, LLC, No.
Here’s one about Lucas “background principles” of property law, or maybe the Supreme Court’s current focus on “history and tradition” when it comes to defining private property for purposes of the Takings Clause.
In So. Cal. Edison Co. v. Orange County Transp. Auth., No. 22-55498 (Mar. 13, 2024), the
Here’s what we’re reading today:
There’s a lot going on in the U.S. Court of Appeals for the First Circuit’s opinion in Ocean State Tactical, LLC v. Rhode Island, No. 23-1072 (Mar. 7, 2024), involving a challenge to a Rhode Island statute outlawing possession of certain large capacity gun magazines.
But unsurprisingly, we’re going to be most interested in
Under many (most?) state eminent domain schemes, if a property owner withdraws the condemnor’s deposit prior to the judgment of condemnation, the owner waives — or, more technically, forfeits — the ability to challenge public use and necessity.
Vermont is no different, and under its statute, waiver is triggered by the owner’s “acceptance and
The New York Supreme Court Appellate Division’s opinion in HBC Victor LLC v. Town of Victor, No. 23-01347 (Mar. 22, 2024) marks the second time the issue of whether the Town can seize HBC’s property by eminent domain.
The first time out the court shot down the taking, concluding that it lacked a valid
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because Friday, March 29, 2024 is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting