A longer one from the California Court of Appeal, but unfortunately, we don’t have the time to digest it in detail. But you really should read Pacific Shores Property Onwers Ass’n v. Dep’t of Fish and Wildlife, No. C070301 (Jan. 20, 2016), in which the court upheld a ruling that the Department of Fish
Land use law
SCOTUS To Take On Regulatory Takings Parcel As A Whole Doctrine
Good news, takings fans. The U.S. Supreme Court today granted cert, and will review Murr v. Wisconsin, the case in which the Wisconsin Court of Appeals held that two separate parcels owned by the same family must be treated as a single unit for purposes of determining whether there has been a taking. …
Final Post: More Reasons To Attend The ALI-CLE Eminent Domain Conference
We know we’ve been doing the hard sell lately, with multiple posts on the details of the upcoming 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas. And this will be our last pre-conference post, we promise.
But me and my co-planning chairs, Joe…
Lawtalk: Thirty Meter Telescope, Putting The “Puaa” Back In Ahupuaa, And Oprah Elections
In a segment called “Are the Courts Crazy?,” (their title, not ours!), Kelii Akina and I chat about the recent decisions in the Thirty Meter Telescope case, the pig hunting as a traditional and customary native Hawaiian practice case, Hawaii’s new Environmental Court, and the challenge to the Hawaiians-only election…
ALI-CLE Eminent Domain Conference, Austin, TX – Nearly Here, But There’s Still Time To Register
We’re now only a bit more than two weeks away from the 2016 Eminent Domain and Land Valuation Litigation – Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas.
As we’ve noted here earlier, we think that this is going to be a fantastic conference that will cover a lot…
Exactions, Again
We’ve been tied up with other things the past few days, so haven’t had a chance to do much posting, but here’s something to tide you over, a piece from Florida colleague Jacob Cremer, “Why Exactions Law Should Bring Property Rights Advocates Cheer in the New Year.”
Land use and takings mavens, rejoice. …
City’s Prohibiting Demolition Of Uninhabitable House So City Could Designate It As Historic, Is A Taking
Here’s a good one from the Ohio Court of Appeals to start off your 2016.
In State ex rel Greenacres Foundation v. City of Cincinnati, No. C-150038 (Dec. 30, 2015), the court agreed that the City’s failure to issue a demolition permit for the “Gamble House,” which the City claimed was a…
Oregon: Cutting Off Direct Highway Access Is OK, Provided Property Isn’t Totally Landlocked
Here’s one in which we’ve been waiting for the ball to drop, since we filed an amicus brief in the case. Unfortunately, the result in State of Oregon v. Alderwoods (Oregon), Ltd., No. SC062766 (Dec. 31, 2015) wasn’t as hoped for, but looking for silver linings, was a lot less bad than it…
More On The Upcoming ALI-CLE Eminent Domain Conference (Austin, Jan 28-30, 2016)
Here’s our second day of highlights from the upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which will be held in Austin, Texas, from January 28-30, 2016.
This is the first time the conference has been to Austin, and we’re hoping for a good turnout. Here’s the full…
Guest Post: HAWSCT Oral Arguments In Hoopili – Is The State Prohibited From Rezoning “Potential” Important Ag Land?
Barista’s note: last week, the Hawaii Supreme Court issued a 4-1 ruling in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002266, holding that the State Land Use Commission was not prohibited from adopting a boundary amendment (akin to a rezoning under Hawaii’s state-heavy land classification scheme) while the process for designating Important…


