Here’s the final program and faculty list for the 2015 Hawaii Land Use Conference, coming up Thursday and Friday, January 15-16, 2015, in downtown Honolulu.
This is the bi-annual gathering of Hawaii’s land use mavens, and this year’s program has two very special presenters. Storied lawprof Richard Epstein (perhaps more than a “mere mortal”…
Commonwealth v. Allen, No. J-68-2014 (Dec. 29, 2014), the latest from the Pennsylvania Supreme Court, is not an eminent domain or an inverse condemnation case, but we’re posting it here because the dissenting opinions contain some neat language about the importance of property rights.
The case involved a guy who beat a criminal charge…
The Morris Family LLC v. South Dakota DOT, No. 26831 (Dec. 23, 2014), the latest from the South Dakota Supreme Court, is more focused on due process and civil procedure than on eminent domain, but since the background of the case involves a 1970 condemnation judgment, and a present claim for inverse condemnation claim…
The Texas Supreme Court is generally pretty good about property rights. See this opinion, this one, and this one, for examples.
So when the legal analysis in one of its regulatory takings/inverse condemnation opinions has the following language — especially in a case where a municipal government has treated the plaintiffs/property owners very…
Biafora v. United States, No, 2013-5130 (Dec. 10, 2014), is one of those opinions that you don’t really look forward to reading. Something about the Federal Circuit seems to attract these type of takings cases, where the parties are many, the alphabet-soup regulatory environment is byzantine, and the effort of understanding the context often…
We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an…
On one hand, the U.S. Court of Appeals’ opinion in Hutto v. South Carolina Retirement System, No. 13-1523 (Dec. 5, 2014) is old hat: the court concluded that a plaintiff alleging a federal takings claim could not bring that claim in federal court. But this case is different because it — unlike those where …
This opinion from the Maryland Court of Appeals may be too land-usey for you takings mavens, but it starts off with an attention-getter:
Few cases inflame such deep passions as a dispute involving individual property rights. The belief that fundamental concepts of liberty entailed strong property rights informed and influenced the Founders as they undertook…
Here are all of the amici briefs in support of the property owners/petitioners in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014).
That’s the case in which the Second Circuit threw out a complaint on Williamson County ripeness grounds. Odd thing was that the court held that a…
Here’s the Brief in Opposition filed by the city Kentner v. City of Sanibel, No. 14-404, the case asking the Supreme Court to review an 11th Circuit decision in which the court concluded that riparian rights, although recognized by Florida as property rights, are not “fundamental rights” protected by the Due Process Clause. The …
