In City and County of San Francisco v. Coyne, No. A118222 (Dec. 5, 2008), the California Court of Appeals (First District) held that the owner whose property was taken
“No, I’m Spartacus!”
Thanks to Alan Ackerman for alerting us to the latest horrible development in the eminent domain cases out of Freeport, Texas. Recall that in Western Seafood Co. v. United States,No 04-41196 (5th Cir., Oct. 11, 2006), the court held that aprivate-to-private transfer for economic development that wasaccomplished as part of a “carefully considered development
Clearing Up Myths About Hawaii Eminent Domain Law and the Rail
In reviewing some of the comments posted on the Honolulu Advertiser’s November 1 report “Rail study doesn’t list all affected properties,” it seems several of the commenters have fairly severe misconceptions about how eminent domain law works in Hawaii. Let’s clear some up some myths.
- Myth #1: The city will offer a “premium”
D-Day Draws Nigh For Honolulu Rail, Condemnations
On November 4, 2008, Honolulu voters are being asked to say yes or no to a proposed amendment to the Honolulu charter:
Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of a steel wheel on steel rail transit system?
A “yes” vote means that the proposed
Oral Argument Audio in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext (mp3)
The audio file (30mb mp3) of the Supreme Court of Hawaii oral arguments in County of Hawaii v. Richards, has been posted here. the appeal from two eminent domain actions on the Big Island of Hawaii.
Oral Arguments in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext
West Hawaii Today reports on yesterday’s oral arguments in the Supreme Court of Hawaii in County of Hawaii v. Richards, the appeal from two eminent domain actions on the Big Island of Hawaii. [Disclosure: my Damon Key colleagues Ken Kupchak, Mark Murakami, and Christi-Anne Kudo Chock and I represent the property owners.]
Ninth Circuit: No Taking of Interest on Abandoned (Escheated) Property
You snooze, you lose. That’s the lesson from Turnacliff v. Westly, No. 07-15287 (Oct. 15, 2008), where the Ninth Circuit rejected a claim that California’s escheat statute, which sets a rate for interest on abandoned property, violated the Takings Clause. The owner whose abandoned property was eventually returned (with statutory interest) claimed that the
The Navy Sonar Case and Kelo
You may have been wondering why we’ve been closely following the U.S. Supreme Court arguments in Winter v. Natural Resources Defense Council, Inc.,No. 07-1239, the case about the Navy’s use of mid-frequency active sonar in training exercises off the California coast. Well, besides the fact that we filed an amicus brief in the case
Ninth Circuit: Post-Taking Sales Admissible in Federal Condemnation
In United States v. 4.85 Acres of Land, No. 07-35310 (Sep. 29, 2008), the US Court of Appeals for the Ninth Circuit held that the trial court should not have refused to admit evidence of sales at properties nearby the property taken, even though the sales occurred after the taking.
The federal government condemned
New Eminent Domain Law Blog
Well, not exactly new (its been on line for a couple of months, but I only discovered it recently). With posts by some of the more stellar practitioners of the fine art of eminent domain defense. The Eminent Domain Law Blog.