Well, that didn’t take long: as we surmised back when the CDC first issued its order halting residential evictions until the end of the year due to COVID (see “How Can? U.S. DHS: National Eviction Moratorium (Roscoe Filburn Could Not Be Reached For Comment),” the order has resulted in a complaint in
How Can? U.S. DHS: National Eviction Moratorium (Roscoe Filburn Could Not Be Reached For Comment)
In Hawaii we employ a phrase, “how can?” as a shorthand response when you’re wondering how something can be. It’s easy, short, and more efficient than saying “I’m sorry, I don’t understand how you think you can accomplish this.”
Thus, “how can?” was our first response when the U.S. Department of Health and Human Services’
Trash Talking: Permit Condition Not Backed By Proof Of Nexus And Proportionality Is Illegal Exaction
We don’t often post trial court orders, but this one, Chiquita Canyon, LLC v. Cnty of Los Angeles, No. BS 171262 (Cal. Super. July 2, 2020), from the California Superior Court, is worth reading for you land use and exactions mavens.
It’s a long order, so we won’t go into great detail, but the
We Join Clint Schumacher For The 50th Episode Of The Eminent Domain Podcast To Talk COVID Takings
We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast.
If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of
NY Takes Eminent Domain Law From Worse To Worse* – Conditional FERC Certificate Only Prohibits Construction, Not Eminent Domain
A private pipeline company obtained a certificate of public convenience from FERC. Under the Natural Gas Act, FERC may issue such certificates conditioned on the applicant meeting the Clean Water Act’s requirement of obtaining state environmental check off on the project. The pipeline needed an easement across Schuecker’s land, and began the condemnation process under
Cal App Backs Into The Question: Riparian Rights Are Limited To Reasonable Use, So No Property Right In What Agency Deems Unreasonable Use
A long opinion, but a short post. In Stanford Vina Ranch Irrigation Co. v. California, No. C085762 (June 18, 2020), the California Court of Appeal held that water rights are not really property rights.
That’s a bit of an overstatement, of course. But not a huge one.
In an inverse condemnation case, the court
New Lawsuit Challenges California’s Indefinite Eviction Moratorium
Here’s the latest lawsuit challenging a government’s response to the coronavirus pandemic. This one challenges the California Judicial Council’s Emergency Rule 1, which indefinitely closed the courthouse doors to eviction proceedings (what California calls “unlawful detainer”).
This one does not employ a takings rationale, but takes a separation-of-powers approach. It’s concisely drafted, so we
Join Us This Week: May 12-14, 2020 For (Virtual) Land Use Institute Webinar Series
Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session
CA9 En Banc Petition: Must A Property Owner Exhaust Admin Remedies Before Filing A Federal Takings Claim?
Here’s the latest in a case we’ve been following. In Pakdel v. City and County of San Francisco, No. 17-17504 (9th Cir. Mar. 17, 2020), a 2-1 panel of the U.S. Court of Appeals held that a federal takings case was not ripe because the plaintiffs had not sought an exemption (“variance”) from the regulation.
Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT, 1pm PT, 4pm ET)
Fire up your web browsers, turn up your speakers, and tune in tomorrow, Tuesday, May 5, 2020, at 10am Hawaii Time (1pm Pacific, 2pm Mountain, 3pm Central, and 4pm Eastern) for a first: the Hawaii Supreme Court will be livestreaming oral arguments in an important case about administrative law, water rights, environmental law