The title of this post isn’t poetic or figurative (like the windmills of your mind), it’s literal: for a field trip after the recent Oregon Eminent Domain Conference, we paid a visit to a nearby winery which — given its name, “Eminent Domaine” — we naturally could not resist. Besides, we already
The title of this post may have you wondering, especially the part about how a regulation that invites others to physically enter private property, is determined by a court to not be a physical taking. (The court also hints at looking at a physical taking under Penn Central, and not by applying per se
We’re not quite sure what to make of this story (“The Raisin Situation“) in the New York Times, about the situation in Fresno, California, after the Horne case. You remember that one, don’t you? All about whether USDA’s seizure of raisins in order to maintain the price was a taking.
The piece
Nothing really can be done: the harsh reality is that CAFO’s (concentrated animal feeding operations) stink. But many state legislatures have concluded that farming and ranching are so important that the consequences (“externalities”) that naturally occur have to be accepted.
Right to Farm Acts, Indiana’s included, generally deprive neighboring property owners of their
Check out this recent article by lawprof Timothy Mulvaney, “Non-Enforcement Takings.” We’re used to situations in which government regulation results in a takings claim, but Professor Mulvaney asks about cases in which the government’s inaction is argued to result in a taking.
Here’s the abstract:
The non-enforcement of existing property laws is
Here’s the printable brochure with the details on the 32nd Annual Land Use Institute in Detroit, April 19-20, 2018. We’ve plugged the program before so we won’t do so again, except to say that you really should attend because (1) it’s a very good program that won’t take much of your time (fly in for
What better way to bid farewell to 2017 than with a whopper case from the Hawaii Supreme Court? And we’re not exaggerating — this one is really big.
Now you might think that given the amount of time this blog devotes to property interests and property rights, we’d be downright tickled when our home court
In Cappel v. Nebraska Dep’t of Natural Resources, No. S-16-1037 (Dec. 22, 2017), the Nebraska Supreme Court concluded the Department’s notices to Cappel pursuant to an interstate water compact which closed off his land’s ability to draw surface water from the Republican River for irrigating his crops was neither a physical nor regulatory taking.
Here are links to the cases and materials we spoke about today during our portions of the APA’s 2017 Planning Law Review webinar:
To supplement your written materials for the 2017 Hawaii Land Use Conference, here are the decisions and other materials which we spoke about this morning at the 2017 Hawaii Land Use Conference: