We continue our series on the 100th anniversary of the mother lode of takings case, Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (Dec. 11, 1922), with this short essay recently published in the “Notice & Comment” feature of the Yale Journal on Regulation.
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Unsurprisingly there isn’t a lot there in the majority opinion in Bowers Dev. LLC v. Oneida Cnty. Indus, Dev. Agency, No. 2022-00744 (Dec. 23, 2022) (this is from the New York courts after all, which don’t seem to write long opinions), but we’re posting it so you can compare the majority with the dissent.
Here’s one that’s holding over from 2022, but we wanted to make sure to post because it’s a good reminder that when you settle a case, you settle the case.
Wyoming is one of those jurisdictions that has one of those “I want it back” provisions, where if property is not actually used for X
You know the “amortization” doctrine: when an existing legal use is declared illegal, the government can avoid a takings claim by slowly phasing out the use, supposedly to allow the owner to recoup investment. The doctrine is established in Maryland by Grant v. Mayor and City Council of Baltimore, 129 A.2d 363 (Md.
Thanks to a colleague giving us a heads-up, we’re starting 2023 with a neat case.
In Ohio Power Co. v. Burns, No. 2021-1168 (Dec. 29, 2022), the Ohio Supreme Court declined to apply a statutory presumption of necessity to the power company’s efforts to use eminent domain to expand the scope of several existing
Here’s the latest from a case we’ve featured here before.
There’s something for everyone in the Florida District Court of Appeal (Second District)’s opinion in Jamieson v. Town of Fort Myers Beach, No. 2D21-2722 (Dec. 29, 2022).
Let’s start with the outcome: the court reversed the trial court’s summary judgment in a wetlands
We’ve had the North Dakota Supreme Court’s opinion in Wilkinson v. Bd. of Univ. & School Lands, No. 20220037 (Nov. 10, 2022), in our queue for a while because it isn’t exactly the clearest opinion we’ve come across. It is relatively short, so that’s not the issue. But it is cryptic and poorly written
We can’t claim to fully understand it (it’s full of words and phrases that frighten and confuse us), but we nonetheless commend to you a recent piece by lawprof Amanda Byer (University College Dublin), “Before Property: A Prehistory of Property Rights in Land.”
Here’s the Abstract:
This paper traces the origins of land
A classically short opinion from the New York Supreme Court (Appellate Division, Fourth District) in HBC Victor LLC v. Town of Victor, No. 683 (Dec. 23, 2022). (So short that we were tempted to simply post the opinion and let you read it, because it will probably take you just as long to read