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Inverse condemnation
Why Is A Florida City Still Wasting Time Asserting Takings Claims Are Subject To Sovereign Immunity?
Please read the Florida District Court of Appeal’s opinion in City of Fort Lauderdale v. Hinton, No. 4D18-2089 (July 24, 2019), especially the part starting on page 9 (the opinion is only 12 pages), where the court frames one of the arguments made by the appellant, Fort Lauderdale:
“The City contends that the Hintons …
Upcoming Webinar – Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right? (free for State and Local Govt Law Land Use Committee members)
The Land Use Committee of the ABA’s Section of State and Local Government Law is sponsoring a free (for Section members) informal webinar about the latest in takings law:
Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?
Friday, July 26 | 2 – 2:30pm ET
Here’s hoping you can…
Cases And Links From Today’s Eminent Domain And Pipelines Conference (Houston)
I am grateful that planning chairs Justin Hodge and Jeremy Baker invited me to their conference. A room full of experts. Here are the links to the cases and other items I spoke about:
- Knick v. Township of Scott: initial thoughts on what might be a dawning “golden age” of property cases
- Knick, Entirely
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Where’s Palazzolo? Washington Appeals Court: Subsequent Purchaser Has No Taking Claim
Posted without significant comment, the Court of Appeals of Washington’s recent unpublished opinion in Darland v. Snoqualmie Pass Utility District, No. 36002-4-III (July 16, 2019):
Snoqualmie Pass Utility District argues that the subsequent purchaser rule bars the Darlands’ inverse condemnation claim. We agree.
In Hoover v. Pierce County, 79 Wn. App. 427, 433…
Friday Round-Up: California Inverse Condemnation, Lawprof Epstein Litigates Public Trust, Property In Ecology, And More
Here’s what we’re reading this Friday:
- Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development – California Land Use & Development Law Report
- One reason for the high cost of housing in California may surprise you — overregulation – Los Angeles Times (Barista’s note: is anyone surprised
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Knick Already Taking Effect, Even Where It Isn’t Necessary
No sooner was the ink dry on the Supreme Court’s opinion in Knick v. Township of Scott, than the Court’s decision started to have some effect.
First, the Court granted another pending cert case on takings ripeness and sent back down to the Ninth Circuit for more in light of Knick.
And now this…
Video: What Federal Takings are like post-Knick
Yes, we did memes in our Knick brief, and in a follow-up blog post.
But colleague Benjamin Tozer has taken it to the next level.
Dirt Lawyer CLE At ABA Annual Meeting (San Francisco)
If you are going to be attending the ABA Annual Meeting in San Francisco next month, here are some of the CLE and other programs of interest to property, land use, and eminent domain types, sponsored by our Section, the State and Local Govt Law Section:
Thursday, Aug. 8
- Knick Overrules Williamson County: What
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10th Cir: Federal Takings Claim Against State Prison Officials For Withholding Interest Barred By 11th Amendment
Williams, a prisoner, thought that Utah prison officials should have paid him interest on his prison account. Acting as his own attorney, he sued under § 1983 for a taking and for a deprivation of due process in federal court, raising claims against the Utah Department of Corrections…



