Here are the final two amici briefs in in Jarreau v. South LaFourche Levee District, No. 17-163 (cert. petition filed July 31, 2017), the case asking the Court to consider whether a property owner whose business is destroyed due to an exercise of eminent domain is entitled to just compensation for business losses under the
Reply Brief And BIO In SCOTUS Just Comp Case: “Real And Serious” Split On Whether Condemnor Can Just Pay For Land, But Not Businesses, Destroyed By Eminent Domain
Here’s the Reply Brief and Brief in Opposition in Jarreau v. South LaFourche Levee District, No. 17-163 (cert. petition filed July 31, 2017), the case asking the Court to consider whether a property owner whose business is destroyed due to an exercise of eminent domain is entitled to just compensation for business losses.
The
2018 ALI-CLE Eminent Domain Conference – Agenda And Faculty Now Posted
The complete agenda and faculty list has now been posted on the ALI-CLE website, and early registration is open! Go now and reserve your spot.
We paid a visit to Charleston recently, the venue for our January 2018 conference, to scout it out. We can report that we’re going to have a great time
Hawaii Appellate Traps (And How To Avoid Them) – Materials And Links From Today’s Session
Chris Leong and the CJ’s
Earlier today, I spoke to the Hawaii State Bar Association in a session sponsored and produced by the HSBA’s Appellate Section (the best section in the HSBA, by the way), titled “The Top Ten Appellate Traps (And How To Avoid Them).”
My Damon Key colleague Chris Leong (also
Conflict Check: Hawaii Adds To Lower Court Regulatory Takings Split: Is Leaving Land Vacant On The Hope It Is Worth More In The Future “Economically Beneficial Use”?
This just in: the Hawaii Supreme Court has rendered a unanimous opinion in Leone v. County of Maui, No. SCAP-15-599 (Oct. 16, 2017), a case we’ve naturally been following because it involves regulatory takings (and we were involved in a similar case on a neighboring property).
We haven’t had a chance to review the
New Williamson County Cert Petition: How Far Down The Rabbit Hole Does The “Final Decision” Requirement Take Us?
It’s no secret: along with a lot of our colleagues, we have thought for a long time that the Supreme Court needs to address the “final decision” prong of the Williamson County ripeness test. Ever since four Justices in 2005 concurred in San Remo Hotel to say so, we’ve been anticipating the case which presents
The Takings Case That Keeps On Giving: Murr Round-Up, Continued
Back when the opinion was first released, we posted a list of Murr v. Wisconsin links. Now that Court is nearly back from its summer vacation, here’s an updated list:
- Lloyd Pilchen, Parcels, Takings, and Environmental Protection in Murr v. Wisconsin (American Surveyor)
- Molly Brady, Penn Central Squared: What the Many Factors of Murr
New Amici Brief: “The reality is that “just compensation” is, in application, often neither just nor results in compensation.”
Here’s the amici brief we’re filing today in a case we’ve been following, Jarreau v. South LaFourche Levee District, No. 17-163.
As the name of the case indicates, this one is out of Louisiana and the Question Presented asks whether the Fifth Amendment’s Just Compensation Clause requires that an owner be made economically whole
New Cert Petition: Is It Just Compensation To Be Paid In Space Bucks?
Here’s a recently-filed cert petition involving property in the Florida Keys. The city allegedly downzoned the property to virtual worthlessness, but the lower courts concluded that it was not a Lucas take because the owners could still camp on the land, and the city gave them something called “ROGO points.”
Which reminds of us the
Cal App: Temporarily Forcing Public Access To Private Property Isn’t A Taking
We get that chicken and egg vibe from the California Court of Appeal’s opinion in Surfrider Foundation v. Martins Beach 1, LLC, No. A144268 (Aug. 9, 2017), a case that has been in the hopper for a while, but due to this-and-that we haven’t gotten around to posting about until now.
Our procrastination has