We won’t go into the details of the Court of Federal Claims’ opinion and order in In re Upstream Addicks and Barker (Texas) Flood Control Reservoirs, No. 17-9001L (Dec. 17, 2019), since it is 46 single-spaced pages long. You can (and should) read the entire thing. But we shall highlight of a few of
If You Build It, It Might Be A Zoning Violation: No Taking, No RLUIPA Violation When Zoning Limited Lights On Religious School’s Baseball Field
Check out Marianist Province of the United States v. City of Kirkwood, No. 18-3076 (Dec. 13, 2019), for the U.S. Court of Appeals’ handling of RLUIPA and (state law) takings claims stemming from the city not allowing a religious school to light up its baseball field.
Today’s a busy day, so we won’t delve
What’s At 712 4th Street, S.W., Washington DC? Your Invite To The 2020 ALI-CLE Eminent Domain Conference (Jan 23-25, Nashville)
California’s “Well-Seasoned” Inverse Condemnation Strict Liability Principle Not Set Aside By PG&E’s Bankruptcy Court
Here’s decision we’ve been anticipating in a case and issue we’ve been following for a while, the question of whether private utilities can be held liable under an inverse condemnation theory for much of the damages caused by the recent California wildfires.
Short story from the Northern District of California Bankruptcy Court: yes, private
Videos: Oyster Takings On The Nansemond River
Following up on the petition, filed last Friday, asking the Virginia Supreme Court to review a trial court’s demurrer which failed to recognize that the owners of a state lease to harvest oysters in the Nansemond River have a property interest . The court concluded that the city and santitation district possess a superior
Don’t Miss Out: Join The “Big Guns” And Secure Your Space At ALI-CLE’s Upcoming Eminent Domain & Land Valuation Litigation Conference (Jan 23-25, 2020, Nashville)
We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.
We’ve
Marketplace Morning Report On Today’s Bankruptcy Court Arguments: Is California’s Inverse Condemnation Rule Itself An Inverse Condemnation Of PG&E’s Property?
We contributed to Marketplace‘s Morning Report (stream above, or visit this link), and its brief discussion of the California wildfire and inverse condemnation situation, “PG&E tries to get out of its financial responsibility to those affected by west coast fires.” That portion of the broadcast begins at the 1:57 mark.
Today’s the
New York Appellate Division: Flooding Was “Not Sufficiently Permanent,” So No Inverse Condemnation
We’re not quite sure what to make of the New York Supreme Court, Appellate Division’s short opinion in 82 Willis, LLC v. City of New York, No. 10303 (Nov. 12, 2019).
There, the court held that flooding on an adjacent vacant lot alleged to have been caused by the city’s project to redo the
Latest In SCOTUS Penn Central Cert Petition
Here’s the latest in a case we’ve been following for a while, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 16, 2019).
The petition seeks review of a Massachusetts decision which held that a judge, not a jury, determines Penn Central takings questions, and also that the owner lost anyhow
New Federal Court Complaint: State’s Rent Control Is A Taking
Check this out: the Complaint, filed a couple of days ago in federal court against the State of New York (and others), that alleges the state’s recently-adopted rent control regulations is a taking (among other claims).
It’s a long complaint so we shall leave it to you to delve into the details yourselves. Most