As we hoped it might, the Norfolk, Virginia property owner — represented by the Institute for Justice — who was on the losing side of the Fourth Circuit’s 2-1 recent opinion in Central Radio Co. Inc. v. City of Norfolk, 776 F.3d 229 (4th Cir. Jan. 13, 2015) has filed a cert petition.
Appellate law
Recent California Court Of Appeal Regulatory Takings Opinion Should Be Published
Here’s the letter request which we sent today to the California Court of Appeal, Second Division, asking the court to publish its recent opinion in Brost v. City of Santa Barbara, No. B246153 (Mar. 25, 2015). In our post about the case, we wrote “we hope there’s a motion to publish and that the court…
Amici Brief: Property Owners Have Right Of Direct Access To Highways That Can’t Be Regulated Away
Here’s the amici brief on behalf of Central Oregon Builders Association, Oregonians in Action, and Owners’ Counsel of America in a case being considered by the Oregon Supreme Court, State of Oregon v. Alderwoods (Oregon), Inc., No. S062766.
In an eminent domain action to improve Highway 99W in Tigard, Oregon, the DOT condemned Alderwoods’ …
State Appeals NC “Map Act” Takings Case
In Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015), the North Carolina held that state’s “Map Act,” which gives the DOT the ability to designate property for future highway use and prevent its development in the meantime, was a taking. There was great shouting and gnashing of teeth that making…
Tiki Island’s Prohibition Of Vacation Rentals A Penn-Central Taking (For Now)
Thankfully, the only “Tiki Island” we have in Hawaii is a miniature golf course. Because the name “tiki” should be reserved for such things, or for kitschy bars, or Trader Vic-knockoffs.
And please, honest-to-goodness real municipalities should never be named Tiki Island. No matter how nice they appear to be.
Amici Brief: Precondemnation Entry That Goes Beyond “Innocuous” And “Superficial” Is A Taking
Here’s the amici brief we filed today on behalf of the Owners’ Counsel of America and the National Federation of Independent Business Small Business Legal Center with the California Supreme Court in Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738. In that case, the court is reviewing a decision of the Court …
Amici Brief: Didn’t Lingle Tell Us That Due Process And Takings Are Distinct Claims?
Here’s the amici brief of the National Association of Home Builders, the National Association of Realtors, the National Association of Independent Business Small Business Legal Center, and others in the case we’ve been following out of the federal courts in Florida about a county’s “right of way preservation” ordinance (which is somewhat similar, but perhaps…
Virginia Supreme Court Oral Arguments: Does A Precondemnation Value Statement Come In?
The Virginia Supreme Court recently heard oral arguments in Ramsey v. Commissioner of Highways, a case we’ve been following closely (and in which we filed an amicus brief in support of the property owners).
This is the case about Virginia’s statutory requirements in eminent domain cases. As a prerequisite to a court exercising…
Is The Hawaii Reapportionment Commission About To Go The Way Of The ‘O’o Bird?
Spurred by yesterday’s battle-of-the-titans Supreme Court oral arguments (Clement vs. Waxman) in a case we’ve been following, we’re taking a short diversion from our usual fare of takings, eminent domain, and land use law today to cover another topic that long-time followers know is also within our area of practice: voting and election law.…
Missouri App: Can One Municipality Take Another’s Property? We Don’t Think So, But We’re Not Certain
Metropolitan St. Louis Sewer District v. City of Bellefontaine, No. ED101713 (Feb. 24, 2015), is another one of those cases where construction by a city resulted in damage to property. The water district sued for inverse condemnation, among other things. Only twist here was that it wasn’t exactly “private” property, but property owned by another municipality…



