Next month, the ABA Section of State & Local Government Law will be publishing a book by Professor Rachelle Alterman, Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights:
Everywhere in the world, land use law and regulation affect realproperty values–either increasing or decreasing them. Regulatorytakings is the potential raw
For better or worse, the U.S. Supreme Court’s 1954 decision in Berman v. Parker,348U.S. 26 (1954) marks the legal genesis of modern public use jurisprudence. The Court’s opinion in the case is pretty thin on facts, however, and does not provide any real clue regarding what was going on, or how the case came
In the editorial “Eminent Domain in New York,” (Dec. 13, 2009), the New York Times opines about the two recent eminent domain decisions from the New York state appellate courts:
A New York State appellate court has misguidedly put a roadblock in theway of Columbia University’s expansion plans, ruling that the statemisused eminent
Until recently, a Maine property owner who sought review of a Claims Commission award of compensation needed to provide notice to the Commission of the appeal to Superior Court. Mr. Morrill believed a Commission award was insufficient and appealed, but did not provide notice. The Superior Court dismissed the case.
Morrill was in luck, however
In State ex rel. Bd. of Regents v. McCloskey Brothers, No. 105228 (Dec. 8, 2009), the Oklahoma Supreme Court held that Oklahoma State University can take property for creation of an “athletic village.” Here’s the entirety of the public use holding:
The landowner argues that the taking was not for a proper public purpose
On December 16, 2009, from 2 – 3 pm EST, ALI-ABA is presenting “The Aftermath of Atlantic Yards: Eminent Domain in New York,” a 1 hour program about the decision of the New York Court of Appeals in Goldstein v. New York State Urban Development Corp., No. 178 (Nov. 24, 2009):
The recent
Read this opinion: Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009).
The New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private benefit:
In this case
Long, but worth watching. Features some well known players in the eminent domain scene.
Remember Phil Hartman’s classic Saturday Night Live routine, “Unfrozen Caveman Lawyer” —
One hundred thousand years ago, a caveman was out hunting on the frozenwastes when he slipped and fell into a crevasse. In 1988, he wasdiscovered by some scientists and thawed out. He then went to lawschool and became… Unfrozen Caveman Lawyer.