Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it
Here’s the amicus brief filed yesterday in a Virginia Supreme Court case we’ve been following.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen own a lease from the state for the riverbed, which among other things, allows them to harvest some of the
Here’s the recording of last month’s Federalist Society’s Environmental Law & Property Rights Practice Group teleforum, “Just Compensation: A Suggestion or a Requirement?“
Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and Florida have laws that say no takings
A private pipeline company obtained a certificate of public convenience from FERC. Under the Natural Gas Act, FERC may issue such certificates conditioned on the applicant meeting the Clean Water Act’s requirement of obtaining state environmental check off on the project. The pipeline needed an easement across Schuecker’s land, and began the condemnation process under
A new, must-add-to-your-reading-list article from takings and expropriations law scholar Professor Shai Stern.
In “Pandemic Takings: Compensating for Public Health Emergency Regulation,” Professor Stern dives into a question a lot of us have been pondering lately, namely whether the pandemic-related shutdown orders might trigger the Just Compensation imperative in the Fifth Amendment’s
Just published: the 2020 Zoning and Planning Law Handbook (Green Book). The first section of the Summary of Contents is about Takings, and includes as the lead piece Professor Gideon Kanner and Michael Berger’s tour-de-force article, “The Nasty, Brutish, and Short Life of Agins v. City of Tiburon.” It also includes
Here’s the latest in a case we’ve been following (we visited the site last November with our William and Mary class), the property owners’ Opening Brief in a case being considered by the Virginia Supreme Court.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen
On one hand, the Colorado Supreme Court’s opinion in Forest View Co. v. Town of Monument, No.18SC793 (June 8, 2020), concluding that a restrictive covenant is not a property interest that the government needs to pay for conflicts with the decisions on similar facts from other jurisdictions (Kansas, for example). On the
We were all set to dig into the New Jersey Supreme Court’s opinion in Township of Manalapan v. Gentile, No. A-14-19 (June 2, 2020), when our colleague Joe Grather posted about it on their firm’s blog. See also this story (“Manalapan farm owner’s $4.5M eminent domain payday dumped as ‘miscarriage of justice’
Short answer: yes, with a caveat. For why there’s an asterisk on this one, take a look at the Supreme Court’s electronic docket for PennEast Pipeline Co., LLC v. New Jersey, No. 19-1039 (cert. petition Feb. 20, 2020) (a case we’ve been following), and tell me whether you think there’s anything unusual about
