Before you get too excited by the U.S. Court of Appeals for the Sixth Circuit’s opinion in Catholic Healthcare Int’l, Inc. v. Genoa Twp., No. 22-2139 (Sep. 11, 2023), a spoiler up front: this may be a good ripeness decision, but this isn’t a takings case.
But you takings mavens may still want
Thanks to our co-authors for the latest issue of this recurring update.
The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is
According to the County, this is an “industrial” use,
incompatible with “agricultural” zoning
Note: sorry, this is one of those longer posts, but the topic is a serious one, so we felt it needed more than our usual cursory treatment.
How Can That Be?
We’ve been somewhat reluctant to post too much on the legal
There’s a lot to digest in the California Court of Appeal’s opinion in Lafayette Bollinger Dev., LLC v. Town of Moraga, No. A163636 (July 19, 2023).
Lafayette Bollinger Development, LLC v. Town of Moraga, No. A163636 (Cal. Ct. App. July 19, 2023)
Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
Here’s an excellent report on a situation we’ve been following, the Hawaii governor’s proclamation of a housing emergency. In “To Tackle Highest Housing Costs in the Country, Hawaii’s Governor Declares YIMBY Martial Law,” Christian Britschgi at Reason writes:
Developers with a [Beyond Barriers] working group [what we cheekily referred to as
Here’s the latest in a case we’ve been following.
In this cert petition, the property owner is asking the U.S. Supreme Court to review an unpublished decision of the Ninth Circuit which rejected both Lucas and Penn Central takings claims.
Here are the Questions Presented:
1. Should this Court overrule in its entirety
Where you can build 1-4 family residences by right
The Hawaii Zoning Atlas project has announced publication of the Hawaii Zoning Atlas, an “interactive map [that] explores how restrictive zoning laws can make it difficult to build diverse, affordable housing.”
The official announcement notes:
The map is based on an original dataset compiled by
Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be
We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses