My Pacific Legal Foundation colleague and eminent domain scholar Tim Sandefur has posted an analysis of the legislation proposed by California’s redevelopment agencies in reaction to Governor Brown’s call to eliminate them (“California Redevelopment Agencies fight to defend their turf“).
Sandefur deconstructs (or should we say “redevelops”) the agencies’ claim that the bill
Rest easy: this post, thankfully, is not about a certain disgraced Congressman, but is about the much more mundane (but interesting to us) issue of how “owner of a business” is defined in the California statute that allows recovery for loss of goodwill in eminent domain.
“Nobody’s gonna remember how long it took. They’re only gonna look and see that it was done.”
– New York Mayor Michael Bloomberg, on the use of
eminent domain to build a basketball arena in Brooklyn
Earlier this year, at the annual ALI-ABA Eminent Domain law conference, filmmakers Michael Galinsky, Suki Hawley
Responding to the recent post on the New York Court of Appeals’ decision in Uptown Properties, George Mason U. lawprof Steven Eagle writes with his thoughts on the concurring opinion by Judge Smith that caused us some dissonance.
Here, with a little editing for layout, are Professor Eagle’s comments:
In your blog for May
Update: a follow up from lawprof Steve Eagle here.
Thanks to colleague Dwight Merriam for pointing out a recent decision that we missed from the Court of Appeals, New York’s highest court. In Uptown Holdings, LLC v. City of New York, 2011 NY Slip Op 01071 (Feb. 17, 2011), the court sua sponte
Honolulu attorney Jay Fidell (who also produces Think Tech Hawaii) writes a regular column in the Honolulu Star-Advertiser. This week, he focuses on eminent domain in “Governor must insure wind farm moves forward,” where he writes about the proposed wind farm on Molokai, and urges the state to use eminent domain
Next week (May 12 – 15, 2011), the ABA Section of State & Local Government Law is meeting in Portland, Oregon.
This is our Spring Meeting (complete agenda here), and is co-sponsored by the Urban Land Institute and the American Planning Association. In addition to the business and administrative meetings (I promise, the meeting
Update: Rick Rayl adds his thoughts about the case and how California state courts might approach the issue here.
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What does a property owner have to do in order to qualify as a “prevailing party” in a federal condemnation action, such that it triggers fee shifting under the Equal Access to Justice Act
What we are reading today:
Little Pink House
, Jeff Benedict’s book about the Kelo v. City of New London case, looks like it is going to become a TV movie. According to this story in The Day (the New London paper):
Author Jeff Benedict has sold the rights to his book about the battle in New London over eminent