Update 5/23/2018: the court’s written order here.
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Here’s the latest in those inverse condemnation cases against Pacific Gas & Electric for taking the homes and businesses which were lost as the result of last fall’s northern California wildfires. Multiple complaints have been filed, and they’ve been consolidated in the San Francisco Superior Court
In Hunter Landing, LLC v. City of Council Bluffs, No. 16-2138 (May 16, 2018), the Iowa Court of Appeals held that the jury was entitled to be instructed about all takings theories, and not just limited to a Lucas and physical invasion instruction.
After several of Hunter’s nonconforming buildings were damaged in a flood
If you understand this post’s headline, congratulations: you are the nerdiest of law nerds, checking no less than two boxes in the obscure law category, takings and patent law.
But if you have been paying attention here, you know that recently, the Supreme Court, in Oil States Energy Services, LLC v. Greene’s Energy Group
A water district, with regulatory approvals and permits from the California Department of Health Services, added chemicals — “secondary disinfectants” — to the tap water system to make the water safe to drink. The water complied with all federal and California drinking standards.
Sounds good. No one wants undrinkable drinking water. Problem was these additives caused
Another week, another Federal Circuit panel opinion on takings authored by Judge Timothy Dyk (following the recent MR-GO opinion). And you know what that means: property owners lose.
The Court of Federal Claims concluded that the feds had taken the plaintiff’s lease of of a part of Dallas’ Love Field — under both a
Here’s what we’re reading today:
Thanks to colleague Chris Kramer, we’ll be speaking later this week (Friday, May 4, 2018) in Phoenix at the 22nd Condemnation Summit at the Arizona Biltmore.
Our session will cover “Condemnation Trends: Nationwide & Arizona.” The rest of the day’s agenda looks mighty good too, with session on valuation of easements, paying for
The Minnesota Attorney General settled a civil claim with tobacco companies that the companies had violated state consumer protection laws. Later, several Minnesota consumers brought a claim in state court alleging the State’s failure to pay these plaintiffs a portion of the proceeds from the earlier settlement was an inverse condemnation of their property, raising
Here’s the not unexpected decision from the U.S. Court of Appeals for the Ninth Circuit in a case we’ve been following (sort of). It should never have gotten this far, even as the “plaintiffs” raise the specter of a cert petition.
We say again: the federal courts seem to have time for this brand
Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s