“You can’t have rights without advocates.”
– Michael Berger
We’re at the William and Mary Law School in Williamsburg, Virginia today for the 11th Brigham-Kanner Property Rights Conference. As we’ve noted earlier, Michael Berger is this
New Cert Petition: Does Williamson County Ripeness Apply To Procedural Due Process Claims?
When the Second Circuit issued its opinion in Kurtz v. Verizon New York, Inc., 758 F.3d 506 (2d Cir. 2014), our comments were rather harsh (“Which means that to reach the result, the court simply rewrote the plaintiff’s complaint and in the process blurred the distinction between a takings claim … and a procedural
New Cert Petition: Isn’t Property A Fundamental Right?
You mght read the headline of this post and naturally say to yourself, “well, that’s obvious.” But to the Eleventh Circuit in Kentner v. City of Sanibel, 750 F.3d 1274 (11th Cir. 2014), it wasn’t.
In that case, the court concluded that riparian rights are not “fundamental rights” protected by the Due Process Clause
No Taking When Sheriff Took His (Medical) Weed
Here’s one to add to the “unusual takings cases” category, at which we looked at last week.
In Young v. Larimer County Sheriff’s Office, No. 13CA1338 (Sep. 11, 2014), the sheriff raided Mr. Young’s (medical) marijuana grow and seized as evidence “forty-two mariijuana plants by cutting them off just above the roots.”
Now,
Hawaii Federal Court: “Quick-Take” In Eminent Domain May Not Give Condemnor Exclusive Possession
Remember that case which we posted about earlier, in which the City and County of Honolulu condemned an undeveloped lot in rural Oahu for a fire station, but has been met with staunch resistance by the property owners? Not only did we post on the case, but it made national waves, also.
The City
Cal App: OK For County To Mislead By Omission In Due Process Notice
A couple of years ago, we posted the complaint (actually, a petition for mandate) alleging a big regulatory takings claim against the County of San Luis Obispo based on the County’s denial of a permit to drill for oil. A very big claim. $6.24 billion big. See “Wow, That’s A Lot of Just Compensation
“My entire house has been stolen” (And No, It Wasn’t By Eminent Domain)
When we eminent domain lawyers deal with claims that the government or some other entity is “stealing” someone’s property, we recognize that such claims are somewhat … metaphorical.
But here’s a situation where it appears that some poor fellow actually had his house, like, stolen. As in hijacked, ripped off, five-finger discounted.
The Daily
Circuit Split Alert: Second Circuit Says Williamson County Ripeness Applies To Due Process
When the one side or the other in the public debate complains about “judicial activism,” they’re usually talking about judges legislating from the bench — finding new rights, reading words into statutes that aren’t there, and the like. But that species of judicial activism doesn’t bother us all that much since we rarely see it
HAWSCT Oral Arguments In In Bridge Aina Lea: LUC Reclassifications And Orders To Show Cause
Here is the recording of last month’s Hawaii Supreme Court oral arguments in Bridge Aina Lea Dev., LLC v. Bridge Aina Lea, No. CAAP-13-0000091.
This is the state court half of the case. The federal court half is pending in the Ninth Circuit, which, after oral arguments earlier in June, decided to hold
Bridge Aina Lea 9th Cir Oral Argument Report: Hawaii Land Use Commission’s Immunity For Reclassification
Earlier, we posted the recording of the Ninth Circuit’s recent oral arguments in Bridge Aina Lea, LLC v. Chock, Nos. 12-15971, 12-16076, a case in which the court is considering whether State of Hawaii Land Use Commissioners have immunity from civil rights lawsuits, among other issues. The essence of the plaintiff’s allegations is that