Professor Kent Schooland has posted “Eminent Domain and the Eighth Commandment,” a piece with his thoughts about the morality of condemning property and the system of “just compensation.”
Given the realities of eminent domain, perhaps we should prepare our children with relevant civics lessons for the playground. Whena gang of kids wants to…
Some interesting items from around the land use law blogosphere:
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For an interesting take on Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229 (1984) (the pre-Kelo case that equated the Public Use Clause with the police power) check out Professor Gideon Kanner’s summary of the case in his recent post “Say ‘Aloha’ to Your House, Then Say ‘Sayonara‘”.
More on…
When a court labels the Nollan/Dolan line of decisions “so-called exaction cases” (and your claim is that an exaction is not related or proportional) you know right away you are in trouble.
First, the dry summary. In Action Apartment Ass’n v. City of Santa Monica,No. B201176 (Aug. 28, 2008) (slip opinion available…
In a story titled “Honolulu notifying landowners in way of planned rail route,” the Honolulu Advertiser reports “The city has started notifying residents living in the path of the planned $3.7 billion elevated commuter rail that all or part of their properties may be condemned. The letters, which are being sent out in…
As noted in this post, the Supreme Court of Hawaii has scheduled oral arguments in the consolidated appeal from two eminent domain lawsuitsfiled by the County of Hawaii in 2000 and 2005. Today’s West Hawaii Today has this story about the arguments.
The Supreme Court of Hawaii has scheduled oral arguments in County of Hawaii v. Richards,No. 28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005. The issues in the case include:
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In a case a lot of folks have been following, a New Jersey appellate court yesterday struck down an attempt to declare properties “blighted.” Turns out these properties in a residential neighborhood which was proposed to be cleared for luxury condos were not in fact blighted, or at least the government had not proven that…
An interesting story in the LA Times about eminent domain abuse and free speech in St. Louis, Missouri, “Political protest hits a brick wall.” The story details the conflict between a property owner who commissioned a two-story mural on the side of a building that says “End Eminent Domain Abuse” and city officials who have…
Get ready for this year’s Land Use Institute conference on “Planning, Regulation, Litigation, Eminent Domain, and Compensation,” to be held in Boston on August 13-16, 2008. I can’t attend this year, but have in the past, and like all ALI-ABA land use conferences, it looks like it will be well worth going if you can. …
