As readers may know, we try to look for an eminent domain angle everywhere. So here you go.
Today’s Supreme Court decision upholding the ACA‘s purpose over its text, reminds us of our favorite scene in any legal film, Dennis Denuto, Esq.’s oral argument in the Australian eminent domain comedy The Castle, in…
We are distracted today so haven’t had the time to write up our initial thoughts about Horne v. Dep’t of Agriculture, No. 14-275 (June 22, 2015), the California raisins takings case which the Supreme Court decided yesterday.
So instead we did this video, a take off on those goofy tech “unboxing” videos.…
In case you somehow missed it, takings junkies, today, June 23, 2015, is the tenth anniversary of the U.S. Supreme Court’s excreable 5-4 decision in Kelo v. City of New London, 545 U.S. 469 (2005), and just about anyone who is anyone in our field has weighed in with a retrospective. We don’t have much…
In all of today’s excitement about the Court’s opinions in Horne v. Dep’t of Agriculture, No. 14-275, the “raisin takings” case which we posted about earlier, we almost lost sight of the other property rights decision issued by the Court, City of Los Angeles v. Patel, No.13-1175 (June 22, 2015).
The case did…
… look no further than the above report from The Daily Show.
Yeah, it’s satire and does at times make light of a serious case, but the USDA was trying to defend a regulation that…
Update: here’s more Horne talk, in addition to our own initial thoughts in the above video and this post (“Magna Raisins: 8-1 SCOTUS Says There’s A Taking, But Not All Agree On Remedy“):
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Here’s the podcast of our recent talk to the American Bar Association’s Section of State and Local Government Law about the (then) upcoming decision in Horne v. Dep’t of Agriculture, No. 14-275. Transcript here, if you’d prefer to read it.
This is a preview of the decision. But since we made some predictions…
As we predicted, the Supreme Court today held that personal property — here, raisins — is property protected from uncompensated acquisition, and that the USDA’s New Deal regulations pursuant to which the Department fined the Hornes for not turning over to the government a massive percentage of their yearly crop without compensation, is a…
Here’s one that isn’t about land use, but should be of interest to Hawaii land users, since so much of what we do is tied up in the Administrative Procedures Act.
Hawaii’s APA can be a trap for the unwary: if you run to court to challenge what you believe is the agency’s appealable action, you…
This just crossed our desk in a case we’ve been following (link includes the numerous merits and amicus briefs filed in the case), the California Supreme Court’s opinion, authored by the Chief Justice in California Building Industry Ass’n v. City of San Jose, No. S212072 (June 15, 2015).
The bottom line is the court …
