There are a host of issues in DSG Evergreen v Town of Perry, No. 2009AP727 (Wis. Ct. App. July 22, 2010) (the appellant raised seven grounds for appeal in this condemnation case), but this is the one that caught our eye. The property owner claimed that the town could not condemn its 1.5 acre
New Book: Property Rights – Eminent Domain and Regulatory Takings Re-Examined (2010)
I recently picked up a copy of Property Rights – Eminent Domain and Regulatory Takings Re-Examined (Bruce L. Benson, ed., Independent Institute 2010), available on-line here.
At 299 pages and with 13 entries, I haven’t had a chance to read the whole thing yet. But after an initial skim, a few of the chapters
Headlines No Condemnor Likes To See
We have no idea what these cases might be about, or whether there is any substance behind the property owners’ objections, but these are headlines no condemnor could possibly like:
- Bedford County Widow Sued (via wjactv.com) – “A Bedford County widow is being sued for trying to keep Columbia Gas Transmission off her property. The
Curb Appeal In South Dakota: No Special Benefit To Property Means That Special Assessment Is A Taking
A rule of law set out over 100 years ago and which remains (as we say) good law qualifies as “well-established” by any standard. Village of Norwood v. Baker, 172 U.S. 269 (1898) set forth the rule that a special assessment for municipal improvements is only constitutional if the improvements result in the property
Book Review: Federal Land Use Law and Litigation, 2010 edition
I’ve just received my copy of the 2010 revision of Federal Land Use Law & Litigation by Brian W. Blaesser and Alan C. Weinstein (West, $225).
Here’s the description of the book from West’s site:
Examines all federal, constitutional, and statutory limitations on local land use controls, discussing cases, regulations, liability, defense strategies, doctrines, and
New Jersey Monday
Two unreported opinions arising out of cases from New Jersey. We won’t be reviewing them (they are not precedential after all), but you may want to check them out if you are interested in public use and redevelopment (case #1), or inverse condemnation by permit denial (case #2):
Friday Round-Up: Kagan On Property, RLUIPA, Second Amendment, CEQA, And Title VII (Yes, Title VII)
What we’re reading today – not all of it property or land use law related:
- SCOTUS Nominee Kagan on Property Rights (The Eminent Domain Law Blog)
- River of Life Kingdom Ministries v. Villlage of Hazel Crest, No. 08-2819 (7th Cir., July 2, 2010) (en banc) – the Seventh Circuit details the proper standard for
Are Property Rights A “Conservative” Issue?
Think property rights are a “conservative” issue? To challenge that notion, read Black Landowners Fight to Reclaim Georgia Home in today’s New York Times. It tells the story of African-American property owners whose homes were condemned years ago, who now may have a second chance:
In 1942, Harris Neck, a thriving community of black
Wednesday Potpourri: Inverse Condemnation And Beaches, Rail Takings, And More “Adult-Oriented” Land Use
Here are items we’re reading today, in no particular order:
- Bill Ward’s thoughts on Klumpp v. City of Avalon, the recent New Jersey Supreme Court case about inverse condemnation and beach restoration. Our take here.
- From Honolulu Civil Beat comes Michael Levine’s recent three-part series on the multi-billion dollar Honolulu rail project. Start
They Really Are Moving Father’s Grave To Build … An Airport
Here’s the latest development in the ongoing life imitating art saga of the the use of eminent domain to take property in St. Johannes Cemetery for the expansion of O’Hare airport.
Appellate court hears arguments in O’Hare cemetery case is a short news report about last week’s oral argument in the appeal by the