New Jersey Eminent Domain Blog posts “Eminent Domain, Fifth Amendment Property Rights, and Government Retaliation” about last Term’s US Supreme Court decision in Wilkie v. Robbins:
But what makes Wilkie particularly troubling is the clearpattern of harassment against Robbins by the BLM over the course offive years. While the alleged violations by…
The “Daily Dish” blog at the Honolulu Advertiser poses an intriguing question: “Should anyone own the beach?” The issue, however, isn’t about beach ownership, but rather restriction of access to publicly-owned beaches via private roads:
This past August a group of homeowners in Kailua installed a 6-foottall gate — with a combination…
Thanks to Professor Gideon Kanner at Gideon’s Trumpet for pointing out a recent important eminent domain case from the Court of Appeals of Washington (state), HTK Mgm’t, L.L.C. v. Rokan Partners, No. 58113-9-I (Wash. Ct. App., July 23, 2007). The court summarized the case:
The power of eminent domain is an inherent power of…
What purpose is served by the Legislature providing for an environmental assessment “exemption” if there are always exceptions to the exemption?
That is the question raised by the Hawaii Supreme Court’s opinion in the “Hawaii Superferry EIS case,” Sierra Club v. State of Hawaii Dep’t of Trans., No. 27407 (Aug. 31, 2007).
This…
In a case that illustrates the lengths a court will go to avoid dealing with the merits of a takings challenge, the Ninth Circuit in Equities Lifestyle Prop., Inc., v. County of San Luis Obispo (No. 05-55406) (Sep. 17, 2007), held that the plaintiff was both too early (not yet ripe under Williamson County)…
Interesting item in today’s Advertiser “Bureaucracy Buster” column, where a reader asks whether streams are “public property” —
Q. I was walking in a stream and was told by a security guard that the stream was private property as well as all the land surrounding and I could not be in it.
It was…
There’s an interesting discussion going on over at Professor Patty Salkin’s Law of the Land blog about a recent Ohio appeals court decision applying Lingle v. Chevron USA, 544 U.S. 528 (2005).
Lingle didn’t get rid of the “substantially advance” test, it merelyrelocated it to due process, and reminded us that in thosecircumstances where…
To my colleagues at the LINC conference in D.C., thank you for the opportunity to present the topic. Here are links to the cases discussed:
…
The question of “which came first, the Environmental Assessment exemption or the challenge?” is providing an interesting illustration of the metaphysical issue of what is the impact of a government act subsequently ruled to be illegal.
In denying the plaintiff’s request for a temporary restraining order, the Fifth Circuit court did not rule on…
Charley Foster at Planet Kauai has been out in front of the old media in reporting on the Kauai front of the Superferry conflict. He reports that the Fifth Circuit Court has denied the motion for a temporary restraining order. He has posted the order in jpg format, and kindly forwarded the pdf version, which…
