Thanks to a colleague for giving us the heads-up about a recently-filed cert petition involving an issue we covered in a different case recently: judicial takings. Specifically, an allegation that a federal court has taken property, and as a consequence, the United States owes just compensation. The background of the case is pretty interesting
New Cert Petition: Are The Relocation Act’s Attorneys’ Fee Provisions Merely Guidelines?
Here’s the cert petition, recently filed in a case we’ve been following from South Dakota.
The statute at issue — the federal Uniform Relocation Assistance and Real Property Acquisition Act — isn’t one that gets a lot of attention, particularly at the Supreme Court. But it’s an area that is ripe for review. The
US BIO In Brott: No, The Fifth Amendment Isn’t Really “Self-Executing”
Here’s the latest in a case we’ve been following since its inception, Brott v. United States, the case which asks the deceptively simple question of whether property owners who sue the federal government for a taking are entitled to both an Article III forum, and to have the issues determined by a jury.
New Judicial Takings Cert Petition: Can A Federal Court Take Property By Changing The Law?
Here’s the cert petition, recently filed in a case we’ve been following as it has made its way from the Court of Federal Claims and through the Federal Circuit.
The underlying matter was litigated in the District Court and the Fifth Circuit. Those courts concluded that the plaintiff did not own mineral leases
New Cert Petition: Beach Access, Temporary And Permanent Takings, And Permits To Exercise The Right To Exclude
Here’s the cert petition, filed today by SCOTUS superstar Paul Clement in a case we’ve been following out of Northern California.
Here are the Questions Presented:
This case involves a stretch of private property along the California coast known as Martins Beach. The California Coastal Commission and the County of San Mateo want Martins
Rehearing Sought In Major Public Use Case From Louisiana
Here’s the latest in a case we’ve been following out of Louisiana, involving a local Port’s power to seize a Mississippi River docking facility downriver from New Orleans. The Port took the entire VDP facility, made no change in how the property was used, and eventually turned over operation of the facility to
HSBA Appellate Section Testimony: Please Don’t Muck Around With The Appeals Process
Here’s the written testimony submitted by the Hawaii State Bar Association’s Section on Appellate Law for today’s hearing on a bill making its way through the Hawaii Legislature.
The bills, HB 2191 and HB 2194, would return the state court appeals system to the way it was prior to the 2006 amendments, and would expressly
Video: Ninth Circuit Penn Central Oral Arguments
Here is the video of last Friday’s oral arguments in a case we’ve been following, in which the owners of a mobile home park successfully challenged a California municipality’s rent control ordinance as a taking.
In Colony Cover Properties v. City of Carson, a U.S. District Court for the Central District of California jury
HAWSCT On Sufficiency Of Hawaiian Homes Commission’s Legislative Funding: Quality Work, But There’s Too Many Notes
Like Amadeus‘ Emperor Joseph, today’s 4-1 ruling from the Hawaii Supreme Court in Nelson v. Hawaiian Homes Comm’n, No. SCAP-16-0000496 (Feb. 9, 2018), pretty much tells the lower courts (and, by extension, the state legislature) that the court thinks the HHC is underfunded and that the Legislature can do a much better
See What You Miss When You Don’t Come To The ALI-CLE Eminent Domain Conference?
Check this out: the first page of the recently-filed Reply Brief in the cert-stage briefing in a case we’ve been following out of the Colorado courts, and which we highlighted at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference which we wrapped just last week in Charleston, South Carolina.
Talked about last week