In County of Sonoma v. Superior Court, No. A128734 (Dec. 15, 2010), the California Court of Appeal, First District concluded that an equal protection challenge to the requirement in Sonoma County’s zoning code that medical marijuana dispensaries obtain a permit to operate must have been brought within 90 days of the enactment of the
New Article – Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Mark M. Murakami and Tred Eyerly. The article is an essay with our thoughts about the U.S. Supreme Court’s decision in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No.
Oral Argument Recording In HAWICA Takings And Ripeness Case
The court has posted the recording of yesterday’s oral argument in Leone v. County of Maui, No. 29696, a case that we’ve been following closely involving federal regulatory takings claims, Williamson County ripeness, and the practical effect of the Hawaii Supreme Court’s decision in GATRI v. Blane, 88 Haw. 108, 962 P.2d
“I Got Mine” Fits On A Bumper Sticker
(Click on the image to enlarge)
A colleague pointed out Dave Swann’s Trouble in Paradise strip from the Sunday Star-Advertiser that puts a comic twist on what Professor Paul Boudreaux has called “drawbridge protectionism.”
There’s more than a touch of reality in Swann’s strip, because having a bumper sticker on your car that
Monday Round Up
We’ve been meaning to post links to these items for a while:
- New Survey Date on Public Attitudes Towards Kelo and Economic Development Takings (from Volokh Conspiracy).
- Call For Papers: Planning, Law, and Property Rights – Fifth International Conference, University of Alberta (May 25-28, 2011)
Cal Ct App: Farmland Mitigation Exaction Has Nexus And Proportionality
In Building Industry Ass’n of Central California v. County of Stanislaus, No. F058826 (Nov. 29, 2010), the California Court of Appeal (Fifth District) concluded that the County’s Farmland Mitigation Program — which requires property owners to dedicate or acquire perpetual agricultural conservation easements in a 1-to1 ratio as a condition of obtaining development approvals
12/8/2010 Oral Argument Live Blog: Must A Property Owner Seek To Change The Law To Ripen A Federal Regulatory Takings Claim?
At 10:00 a.m. HST (3 p.m. EST, noon PST), the Hawaii Intermediate Court of Appeals will hear oral arguments in a case we’ve been following that involves federal regulatory takings claims, Williamson County ripeness, the practical effect of the Hawaii Supreme Court’s decision in GATRI v. Blane, 88 Haw. 108, 962 P.2d 367 (1998)
Land Use And Takings Cases Discussed At The HSBA Real Property Session
The week before last, the Hawaii State Bar Association’s Real Property and Financial Services Section held a session on recent developments in land use law of interest to local dirt lawyers.
We were not able to attend (we were teaching a seminar on water law), but our Damon Key colleagues Mark Murakami, Greg
New Article: Recent Developments in Challenging the Right to Take in Eminent Domain
The Urban Lawyer, the law review published by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Challenging the Right to Take in Eminent Domain, 42 Urban Lawyer 693 (Summer 2010). It summarizes several of the recent court decisions on public use and public purpose, although
Materials And Links From “Integrating Water Law and Land Use Planning” Seminar
Last Friday, I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii’s unique water law.
My session covered “Water Rights, Property Rights and the Law of Settled Expectations,” and provided a crash course in Hawaii land use law, the interrelationship between land use law and water law