You might not think that the conclusion which the U.S. Court of Appeals for the Tenth Circuit reached in M.A.K. Investment Group, LLC v. City of Glendale, No. 16-1492 (May 14, 2018) would be all that controversial: when private property is declared by a municipality to be “blighted” and subject to redevelopment (and eminent
Land Use Institute – Detroit
We’re in Detroit the rest of the week at the Mercy Law School for the venerable Land Use Institute, now in its 32nd iteration.
Planning Chair Frank Schnidman has assembled a great faculty including out Detroit colleague Alan Ackerman (above, talking about takings liability for flooding), and we’ll be spending the time talking inverse
April 19-20, 2018: Land Use Institute, Detroit (Printable Brochure)
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
Minnesota’s Unclaimed Property Act Is A Taking If State Holds Interest-Bearing Account, But Doesn’t Pay Interest
A very interesting (pun intended) read today from the Minnesota Supreme Court.
In Hall v. Minnesota, No. A16-0874 (Mar. 7, 2018), the court held that Minnesota’s Unclaimed Property Act, under which unclaimed property is presumed abandoned and then held by the State, works a taking when the State takes possession of an interest-bearing bank
ALI-CLE Eminent Domain & Land Valuation Conference – In-Person Registration SOLD OUT (But You Can Still Join By Live Webcast)
Our upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina has SOLD OUT our in-person registrations.
We will have a record attendance (with over 100 first-time attendees) and the conference hotel has informed us that we can fit no more people in the meeting rooms. We cannot remember this
Eminent Domain Abuse, Hawaiian Style
Stewart Yerton, a reporter at Honolulu Civil Beat but also a lawyer, has posted a report about an ongoing eminent domain case in which the State of Hawaii’s Attorney General is condemning a one-acre parcel on the south shore of Maui, property which the State had been leasing on a long-term 30-year lease. The
New Resource, New Book (The Law of the Fourteenth Amendment)
Two items from land use guru Lawprof Daniel Mandelker:
- A link to his resource web site, appropriately titled “Land Use Law.” It’s where we go to keep up with all of the land use and related (including takings) stuff. Includes photos of the sites in key casess (like our “takings piligrimages
How Do You Exclude Someone From A Clean And Healthful Environment? Hawaii Supreme Court Rules The Public Has A Property Right In The Environment
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
Brigham-Kanner Podcast: “The Future Of Land Regulations And A Tribute To David Callies”
Back in October, the William and Mary Law School awarded U. Hawaii lawprof David Callies the Brigham-Kanner Prize at a two-day conference in Williamsburg. Our summary of the conference is posted here.
We spoke at the conference, at the first panel entitled “The Future of Land Regulation and a Tribute to David Callies,”
Nebraska: No “Property” In Water Rights Subject To Interstate Compact
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.