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
Cal App Backs Into The Question: Riparian Rights Are Limited To Reasonable Use, So No Property Right In What Agency Deems Unreasonable Use
A long opinion, but a short post. In Stanford Vina Ranch Irrigation Co. v. California, No. C085762 (June 18, 2020), the California Court of Appeal held that water rights are not really property rights.
That’s a bit of an overstatement, of course. But not a huge one.
In an inverse condemnation case, the court
Available Now: 2020 Zoning and Planning Law Handbook (Green Book)
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
Property Owners’ Brief In Virginia Supreme Court “Oyster Takings” Case
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
Book Review: “Stringfellow Acid Pits – The Toxic and Legal Legacy” By Brian Craig
TEXT
Things I’ve Learned (Am Learning) About #CoronavirusLaw
Our shut-in time has got us to thinking.
We’re all environmentalists now. This is the precautionary principle writ large. In a way, this is only part of a greater problem.
Welcome to the Twitterverse. We now have access to a vast amount of data — very often on a granular level — and this moves
Virginia Supreme Court To Consider Whether City Has The Right To Pollute Chesapeake Bay
A development in the “oyster takings” case that we’ve been following as it has worked its way up to the Virginia Supreme court: that court today issued this Order, in which it awarded an appeal by Nansemond River oystermen (and the City of Suffolk’s cross-appeal) who claim that their property was taken when the
Three New Property And Takings Articles From William & Mary Law Review
Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
- Charles D. Wallace, When (and Why) the Levee Breaks: A Suggested Causation Framework for Takings Claims That Arise From Government-Induced
Join Us This Week: May 12-14, 2020 For (Virtual) Land Use Institute Webinar Series
Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session
Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT, 1pm PT, 4pm ET)
Fire up your web browsers, turn up your speakers, and tune in tomorrow, Tuesday, May 5, 2020, at 10am Hawaii Time (1pm Pacific, 2pm Mountain, 3pm Central, and 4pm Eastern) for a first: the Hawaii Supreme Court will be livestreaming oral arguments in an important case about administrative law, water rights, environmental law