… look no further than the above report from The Daily Show.
Yeah, it’s satire and does at times make light of a serious case, but the USDA was trying to defend a regulation that
Raisin Round-Up
Update: here’s more Horne talk, in addition to our own initial thoughts in the above video and this post (“Magna Raisins: 8-1 SCOTUS Says There’s A Taking, But Not All Agree On Remedy“):
- “Today’s Other Supreme Court Property Rights Decision” (our post about City of Los Angeles v. Patel, No.
Podcast: Leviathan Shrugged? The Supreme Court’s Raisin Takings Case
Here’s the podcast of our recent talk to the American Bar Association’s Section of State and Local Government Law about the (then) upcoming decision in Horne v. Dep’t of Agriculture, No. 14-275. Transcript here, if you’d prefer to read it.
This is a preview of the decision. But since we made some predictions
Magna Raisins: 8-1 SCOTUS Says There’s A Taking, But Not All Agree On Remedy
As we predicted, the Supreme Court today held that personal property — here, raisins — is property protected from uncompensated acquisition, and that the USDA’s New Deal regulations pursuant to which the Department fined the Hornes for not turning over to the government a massive percentage of their yearly crop without compensation, is a
Leviathan Shrugged: Oral Arguments In Horne Reveals The Taking, But Remedy Still Open
“It’s Frank’s world, we just live in it.”
– attributed to Dean Martin, about Frank Sinatra
A narrowly drawn opinion from the Supreme Court in Horne v. Dep’t of Agriculture, No. 14-275, argued in April and to
Texas Supreme Court Wants More Argument: Is Court Powerless When A Condemnor Dithers?
Remember that case we posted on a few months ago, where the Texas Supreme Court was asked to review the issue of whether trial courts have jurisdiction to supervise eminent domain cases which are in the “administrative” phase and not yet in the “judicial” phase (City of Dallas v. Highway 205 Farms, Ltd
Upcoming Conference On Kelo’s 10th Anniversary
Hardly seems like a decade ago that the Supreme Court gave us eminent domain lawyers something to talk about at cocktail parties: the Court’s infamous and widely-hated decision in Kelo v. City of New London.
Find out about what the intervening ten years has brought us from the Cato Institute, which is sponsoring a
Public Use, Venezuelan Style: Nationalization Of Oil Rigs Could Be A “Discriminatory Taking”
An interesting decision with an international flavor from the Court of Appeals for the D.C. Circuit, Helmerich & Payne Int. Drilling Co. v. Bolivarian Republic of Venezuela, No. 13-7169 (May 1, 2015).
We suppose that if you are a U.S. oil exploration company operating in Hugo Chavez’ Venezuela, you get used to entertaining
Cal App: Condemnor’s “Final” Pretrial Offer, Contingent On Approvals From Other Agencies, Isn’t Really Final, Is It?
California law requires a condemnor to present to the property owner a final pre-trial settlement offer 20 days before trial, and for the property owner to make a final demand. If a court later determines that the condemnor’s final offer was unreasonable and the property owner’s final demand was reasonable, the property owner is entitled
Eminent Domain Docfilm “Battle For Brooklyn” Now Streaming
Those of you who have followed the blog for a while know that we’re big fans of the documentary film about the Atlantic Yards eminent domain fight in New York, “Battle for Brooklyn.” See our review here, for example.
If you haven’t had a chance