Our friend and colleague Alan Ackerman posted a note on his blog about a recent District Court ruling from the Western District of Virginia which upheld the power of a potential condemnor to enter property for the purposes of survey, without formally taking the property. See “Virginia Federal Judge Follows What May Be the
Introduction To The Civil Forfeiture Panel At The 2015 Brigham-Kanner Property Rights Conference
Earlier today, I moderated a panel of expert speakers on the topic of “Civil Forfeiture of Property” at the 12th Annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia.
Sara Sun Beale of Duke Law, Scott Bullock of the Institute for Justice, and Sandra Guerra Thompson of the University of Houston
Hawaii Federal Court Gets Rid Of Most Claims Against Land Use Commission, But Allows Takings And Vested Rights Claims To Go Forward
Here’s the latest in a case that we’ve been following, which was in both state and federal court, Bridge Aina Lea v. Land Use Comm’n.
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other
Not Quite “Where No Man Has Gone Before” – Hawaii Supreme Court Considers Mauna Kea’s 30 Meter Telescope
Oral Arguments part I
Oral Arguments part II
Three points before we get to our more involved thoughts on last week’s oral arguments in what is known as the “Thirty Meter Telescope” case, Mauna Kea Anaina Hou v. Bd. of Land and Natural Resources, No. SCAP-14-0000873:
- Appellate oral arguments are not necessarily an accurate
Federal Court: City Stopped Blowing Hot And Cold And Had Exclusive Possession Of Property Under Quick-Take Statute, So It Was OK To Seize Anti-Eminent Domain Sign
You remember that case about property on the rural north shore of Oahu, in which the City and County of Honolulu is condemning a vacant parcel in order to build a new fire station. The City hasn’t moved on building the station and hasn’t included money in the budget to do so. There’s even some question
Links From Today’s “The Takings Issue” Webinar
To those able to join us today for IMLA’s “The Takings Issue” webinar, thank you. Here are the links to the items which I discussed:
On Koontz:
- “Surprise! Environmental Lawprof Dislikes Koontz“
- Ann E. Carlson and Daniel Pollak, Takings on the Ground: How the Supreme Court’s Takings Jurisprudence Affects
ABA Annual Meeting Programming: Takings, Land Use, Supreme Court, Election Law, Appellate Traps
We’re in Chicago this week participating in the ABA Annual Meeting. While we really are looking forward to a slate of thrilling committee meetings, what we’re really anticipating is the CLE programming. Here are what we think are the highlights:
- Looming Land Use Constitutional Issues – Friday, July 31, 2:45 – 4:15 pm, Westin Chicago
Cal App: No Takings Claim, Because Property Owner Makes “Enough”
There’s nothing new in the California Court of Appeal’s opinion in Rancho de Calistoga v. City of Calistoga, No. A138301 (July 7, 2015), which is probably why the court didn’t designate it for publication.
But read it anyway, since there’s some interesting bits. Nothing in the details, mind you, but in the overall vibe of
9th Circuit: Fee To “Activate” Workers’ Comp Lien Not A Taking – The Liens Are Not Property
There’s apparently a huge backlog in California of liens which workers’ comp medical providers file to seek payment for services they’ve provided to injured workers.
These are liens possessed by service providers for workers whose employers declined to provide treatment on the ground it is not work related. In those cases, the worker may seek
Worth Reading: An “Economic Liberty” Decision From The Texas Supreme Court, With Lessons For Eminent Domain
Attend any talk by a judge which includes legal writing tips, and there’s sure to be this one: keep it as short as is necessary to make your points. Justice Kennedy’s remark that “I never read a brief I couldn’t put down in the middle” and Chief Justice Roberts noting “I can’t