The only issue in Caffe Ribs, Inc. v. Texas, No. 14-0193 (Apr. 1, 2016) was whether the jury could hear evidence proffered by the property owner that the delay in cleaning up the land to make it marketable could have been attributable to the government. The trial court said no, and the court of
Reverse NIMBY? Allowing Horse Boarding Facility To Close Isn’t An “Environmental” Issue
We usually don’t cover decisions under California’s Environmental Quality Act. You could spend your entire legal career doing these kind of cases, and there are other forums which ably follow CEQA.
But we had to make a mention of the California Court of Appeal’s recent opinion in Preserve Poway v. City of Poway
Tuesday Round-Up: Inversely Condemning Flint, “Well Nigh Conclusive?,” Parcel-As-A-Whole
Here’s what we’re reading today:
- “Did the State of Michigan inversely condemn the entire City of Flint?: Environmental justice meets the Takings Clause” from lawprof Stephen Miller at Land Use Prof Blog (includes the complaint). Background: what is going on in Flint, Michigan?
- Gideon Kanner, on “The Right to Take
Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights
Here’s the latest on a takings case that is winding its way through the U.S. District Court in Honolulu. Yes, you read that right: a takings case being litigated in federal court.
Intrigued? Read on.
We’ve covered this case and the related state court litigation several times here before, so this isn’t entirely unfamiliar ground. This
State Looking For A TMT Hearing Officer – You Know You Want To Do This
Are you a lawyer and need something to do for the next 6-12 months? Want to make a recommendation to the Department of Land and Natural Resources about whether it should issue a Conservation District Use Permit to the Thirty Meter Telescope project on the top of the Big Island’s Mauna Kea? Want your decision
The Blog Lineup From The 2016 ALI-CLE Eminent Domain Conference
We’ve posted a lot lately reporting on the 2016 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, recently held in Austin. We have a couple of more posts for you before we turn to other things. Here is the first, a run-down of the blogs of faculty members, and others we were in the
2016 ALI-CLE Eminent Domain Conference, Austin: Second Day
The second day of the 2016 ALI-CLE Eminent Domain and Land Valuation conference went as well as the first. Here are some highlights:
- Austin Mayor Steve Adler (pictured above), who is (was?) also an eminent domain lawyer, welcomed us to his city.
- We moderated a discussion between Andy Gowder and Dana Berliner about “First
ALI-CLE 2016 Eminent Domain Conference: Austin Scouting Report
Austin, Texas, is where we’re at for the next few days, for the 2016 edition of the American Law Institute-CLE Eminent Domain and Land Valuation conference, now in its 33d year. First time we’re in Austin, however, and our registration numbers are looking very good, and we haven’t had this big a turnout in years.
“We’re Here From The Government, And We’re Here To … Do Nothing” – Gov’t Inaction Gives Rise To Inverse Condemnation
We know inverse condemnation liability can be triggered by intentional government action. But what about when government doesn’t act?
That was the issue before the Court of Appeals of Maryland in Litz v. Maryland Dep’t of the Environment, No. 23 (Jan. 22, 2016). And when the opinion starts this way, you just know where
Cal App: Intentionally Flooding Land To Protect The Environment Is A Physical Taking
A longer one from the California Court of Appeal, but unfortunately, we don’t have the time to digest it in detail. But you really should read Pacific Shores Property Onwers Ass’n v. Dep’t of Fish and Wildlife, No. C070301 (Jan. 20, 2016), in which the court upheld a ruling that the Department of Fish