Update: More thoughts from Rick Rayl and Brad Kuhn (California Eminent Domain Report) here.
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Here’s a decision at the intersection of eminent domain valuation and unconstitutional exactions from the California Court of Appeal (Fourth District). In City of Perris v. Stamper, No. E053395 (Aug. 9, 2013) the court held that…
Today’s the first day of the ABA Annual Meeting in San Francisco, so we haven’t had time to do more than scan the Complaint for Declaratory and Injunctive Relief, filed yesterday in San Francisco federal court, challenging the plans of Mortgage Resolution Partners and the City of Richmond, California to take underwater mortgages by…
Here’s the latest from the New Jersey Supreme Court on the power of railroads to take property, and when land is already being put to a “prior public use” and thus immune from being taken.
In Norfolk Southern Railway Co. v. Intermodal Properties, LLC, No. A-117-11 (Aug. 6, 2013), the court held that the…
From The Mayor (G): we’re “[t]aking these troubled loans off the hands of the [predatory] banks … and we’re paying them fair market value.” The video just gives you a whole lot of confidence that they know what they’re doing, does’t it?
The elephant in the room Her Honor doesn’t address about one big reason…
That story about Richmond, California starting down the path of using eminent domain to take underwater mortgages is taking on a life of its own. Here’s the latest.
Before we bombard you with links to the most recent commentary and stories, here’s some backstory. Remember how we said this was taking on an “Occupy” flavor…
Here’s what we’re reading today:
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Update: Here’s more from the San Francisco Chronicle. As you read this and other stories on the issue, this begins to take on an “occupy” tone and a let’s-stick-it-to-the greedy-lenders flavor. Not a good sign for a considered use of eminent domain.
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Like a visiting relative, the proposal to…
Here’s the amicus brief of Atlantic Legal Foundation which urges the Supreme Court to review the Fifth Circuit’s decision in United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013).
That’s the case in which the Fifth Circuit held that the association’s right to collect maintenance fees, recognized as property under…
More about Horne v. USDA. More here, from Reason (who produced the video).
Here’s the Complaint in the case mentioned.
Here’s the latest from the Wisconsin Supreme Court. In Waller v. American Transmission Co., LLC, No. 2013AP805 (July 16, 2013), the court held that when a partial taking for an easement for transmission lines substantially impaired the economic viability of the remnant parcel, the condemnor is liable for taking the entire parcel.
Gideon Kanner…
