We like dictionaries. A couple of them have treasured spots on our bookshelf. But we’re not all that keen on courts relying upon dictionaries to define statutory terms, because our experience is that one word could have many meanings, and just because one dictionary defines a word a certain way doesn’t rule out other meanings.
Amici Brief: Precondemnation Entry That Goes Beyond “Innocuous” And “Superficial” Is A Taking
Here’s the amici brief we filed today on behalf of the Owners’ Counsel of America and the National Federation of Independent Business Small Business Legal Center with the California Supreme Court in Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738. In that case, the court is reviewing a decision of the Court
Upcoming Conferences – Kelo In Connecticut, APA And The ESA
A couple of noteworthy conferences upcoming, one in-person, the other a “webinar” format:
- The first is “Kelo: A Decade Later” at the U. Connecticut Law School, Friday, March 20, 2015, from 8:30 am – 4:30 pm. The conference promises to “look back at the decision and its repercussions,” and includes the lawyers for
New Article: “Legislative Exactions after Koontz v. St. Johns River Management District”
Worth reading: “Legislative Exactions after Koontz v. St. Johns River Management District,” an article by colleagues Luke Wake and Jarod Bona, recently posted to SSRN. Here’s the abstract:
Decided in June, 2013, Koontz v. St. Johns River Management District settled a long-running debate among scholars as to whether the nexus test &mdash
NJ Court: There’s No Substitute For The Eminent Domain Process, Even On The Shore, Even In An “Emergency”
Here’s the trial court’s opinion in one of the Jersey Shore “dune replenishment” cases we’ve been following.
These are the cases in which owners of beachfront property (or in one case, a municipality itself) objected to the state and local governments summarily taking easements on private property to be used to armor the shoreline
NJ: Environmental Preservation Zoning Might Prohibit Development, But Owner Must First Try To Develop
The Township of Ocean, New Jersey downzoned the plaintiffs’ residentially-and-commercially-zoned land to “Environmental Conservation.” The EC district allows “only very low density residential development or other low intensity uses,” with a minimum lot size of 20 acres.
The plaintiffs, who own 34 acres subject the EC zoning, challenged the zoning ordinance, asserting it was “arbitrary, unreasonable
2015 Hawaii Land Use Law Conference
Ben Kudo and David Callies, leading off
Professor Richard Epstein began the Hawaii Land Use Law Conference with the keynote presentation on “Stealth Takings: Exactions, Impact Fees, and More,” which was his usual comprehensive and non-stop takedown of takings law.
Our panel on Impact Fees and Exactions After Koontz followed, and here are
Still Time To Join Us For The 2015 Hawaii Land Use Conference (Jan. 15-16)
Here’s the final program and faculty list for the 2015 Hawaii Land Use Conference, coming up Thursday and Friday, January 15-16, 2015, in downtown Honolulu.
This is the bi-annual gathering of Hawaii’s land use mavens, and this year’s program has two very special presenters. Storied lawprof Richard Epstein (perhaps more than a “mere mortal”
NY: Reasonable Probability That Wetlands Designation Is A Regulatory Taking Under Penn Central
A short one (as usual) from the New York Supreme Court, Appellate Division.
The court’s opinion in New Creek Bluebelt, Phase 4 v. City of New York, No. D42909 (Nov. 19, 2014) is so brief, you should just read it yourself. But here are the highlights:
- The city condemned a 19,500 square-foot vacant parcel
Mich App: Denial Of Shale Oil Drill Permits Not A Taking
Here’s one of the decisions we’ve been meaning to post for a while.
In Schmude Oil Co., Inc. v. Dep’t of Envt’l Quality, No. 313475 (July 1, 2014), the Michigan Court of Appeals held that there was no wipeout per se taking, nor was there a Penn Central taking, when the DEQ refused to