Here’s a big development in a case we’ve been following for a while (and in which we filed an amicus brief in support of the prevailing property owner).
In DW Aina Lea Dev., LLC v. State of Hawaii Land Use Comm’n, No. SCCQ-19-156 (Dec. 17, 2020), the unanimous Hawaii Supreme Court held that the
Charlie Brown got a bag of rocks for Halloween.
But you aren’t so cruel, and want to give better gifts this holiday season to the dirt lawyer in your life, no? Here are our 2020 suggestions for stocking stuffers that will make property mavens celebrate the season.
Start with this one, Professor Bart Wilson’s
Before it condemned a parcel of land in Bastrop County, the State of Texas made a bona fide offer to purchase to the owners of the fee as mandated by Texas law, which requires that a condemnor make an offer to the “property owner,” and provide a statement “to the landowner[.]”
But in In re
Often, the dispositive question in many takings cases tuns on whether the plaintiff owns “property,” and if so, what rights does that recognize. If you define the property in such a way that ipse dixit excludes the “stick” the owner claims was taken, then the answer is always going to be no property, no taking.
You know what SCOTUS nerds want for Christmas? These words, in a federal court of appeals opinion:
We are aware that our decision conflicts with the Ninth Circuit’s recent holding in Sierra Club v. Trump. That case involved a parallel challenge to the Government’s use of § 2808 funds to build the border wall.
We’ve been there before, but even so, this video is worth your time. It tells the story of Seneca Village, located within the borders of what now is Central Park.
There are eminent domain and property rights stories everywhere you look.
Go on, read the facts in the California Court of Appeal’s (unpublished) opinion in San Joaquin Regional Transit District v. Superior Court, No. C084755 (Dec. 1, 2020). It’s worth your time, believe us.
After chasing from California a long-standing manufacturing and service business (to Illinois) by instituting condemnation proceedings on the property on which
We have now wrapped up the coursework portion of the Fall semester at William and Mary Law School, so here’s an after-action report from the two full courses which I taught in a “hybrid” style (some students live, in the classroom; others attending via Zoom live; and still others with the option to attend
Check this out, the latest episode of the Pendulum Land Podcast, in which we briefly return to chat about what’s on the Thanksgiving menu (hint: Spam® and oysters).
Spam® because we 808 people like that stuff, and oysters because the Virginia Supreme Court recently heard oral arguments in an important inverse
Check this out, the Complaint we filed a couple of weeks ago in the U.S. District Court for the Western District of Virginia, in Grano v. Rappahannock Elec. Coop., No. 3:20-cv-00065-NKM (W.D. Va. Oct. 28, 2020).
It’s not a true “takings” case because the claims for relief are limited to due process and Contract