The Florida Supreme Court’s opinion in Hardee County v. FINR, II, Inc., No. SC1501260 (May 25, 2017), is pretty Florida-specific, because it involves the interpretation of that state’s Bert Harris Act (something we wish we had in our arsenal), but there are lessons in the case that make it worth reading — it’s
Cases And Links From Washington Eminent Domain Conference
My thanks to Bart Freedman (K&L Gates) and Kinnon Williams (Inslee Best Doezie & Ryder) for asking me to speak on national takings and inverse condemnation issues at yesterday’s Eminent Domain conference in Seattle.
As you can see, the room was packed and standing room only. Here are the cases and issues I mentioned
Land Use Facepalm
We all have had those moments, haven’t we?
Today’s linked story is more land-usey than eminent domain-ey, but still interesting for you condemnation lawyers on the line (besides, condemnation lawyers really do have to know land use law, don’t they?).
Honolulu can is a tough place to be, with our status as one of the
Area 51 Taking, Dodger Stadium Taking, Attorneys’ Fees
Here’s what we’re reading today:
- 200-lb anvil missing from Area 51 condemnation? “Family Demands To Know How A 200-Pound Antique Anvil Disappeared From Area 51” Background on the case here.
- LA Times: “From the Archives: 1959 Evictions From Chavez Ravine.” Play ball!
- “Lawyers can’t petition for fees in
A Williamson County Ripeness Case From Williamson County, Tennessee
Here’s one that — although unpublished — is still worth a quick read. Because it’s a case where the Sixth Circuit held that a federal court takings claim against the City of Franklin, Tennessee, which is the seat of Williamson County, Tennessee, should be dismissed under Williamson County because it wasn’t ripe.
In Beech v.
Seattle Eminent Domain Conference, May 18, 2017
Do you really need an excuse to visit Seattle? If you do, and want to earn some CLE credit while you’re at it, check it out the brochure for the upcoming Eminent Domain seminar on May 18, 2017. This is a one-day program that focuses on the hot topics in our area of law. We’ll
Federal Court: Williamson County Ripeness Not Required In Facial Takings Claims
We don’t usually post trial court decisions. They are, obviously, subject to change by an appellate court, and because many are interlocutory, alteration by the rendering court iself.
But for this order from the U.S. District Court for the Northern District of Florida, we’ll make an exception. It’s a land use case (it’s right there
Fla App: A Sorta-Legislative Exaction Is Subject To Nollan-Dolan, But This One Passed The Test
Remember back from Admin Law the notion of a “quasi-judicial” proceeding? That term always has bugged us, because, you know, it was used when an agency was sorta acting like a court (but also was sorta acting like a legislative body). Half full, half empty, take your pick.
The fact pattern presented in the Florida
SCOTUS Amici Briefs In Legislative Exactions Case
Here are the full set of petitioner-side amici briefs in 616 Croft Ave., LLC v. City of West Hollywood, No. 16-1137, the case which asks the Supreme Court to determine whether the Nollan-Dolan-Koontz exactions standards apply to conditions on development imposed by a legislature.
5th Cir (Unpub) – Takings Claim Not Ripe
Not a lot in Jabary v. McCollough, No. 15-40009 (Apr. 19, 2017) to grab onto, so we’re not really surprised that the Fifth Circuit didn’t publish. But because the case involves Williamson County takings ripeness and is in our wheelhouse, we’re posting it nonetheless.
The first two sentences, “City building inspector Bret McCullough shut