Check this out: the Hawaii Legislature is considering two bills (HB1707 and SB2089) that will require “nonresident” property owners who rent their property for thirty days or less (transient vacation rentals) to use a licensed real estate broker to rent the property, and to employ a property manager to operate it. “Nonresident owner”
Federalist Society Podcast On New York Rent Control Takings Challenge With Professor Richard Epstein
Professor Richard Epstein, in his own inimitable and unequivocal style, opines on rent control and the Harmon cert petition in a Federalist Society podcast. A must-listen. Here’s the description:
In March 2011, the Second Circuit Court of Appeals issued summary judgment in Harmon v. Markus, a challenge to New York’s rent stabilization law
Eminent Domain and Land Use in Hawaii – May 10, 2012
Links From Today’s IMLA Regulatory Takings Webinar
Here are the links to the cases and other items discussed today at the International Municipal Lawyers Association webinar with Dan Mandelker and Dwight Merriam. Most of these cases are also in your written materials.
- 9th Circuit: California Raisins Were Not Taken (Horne v. U.S.D.A., No. 10-15270 (9th Cir. July 25, 2011))
Thursday Round-Up
What we’re reading today:
- Court weighs handling of suit over DOT rules for future highways – North Carolina colleague Matthew Bryant argued an appeal yesterday in the court of appeals regarding the class action-worthiness of a case in which the Dep’t of Transportation effectively blighted a huge swath of land by identifying it as a
ABA Midyear, New Orleans: Free Screening Of “Crime After Crime” (Feb. 4, 10 am)
On Saturday, February 4, 2012, from 10:00 am to noon at the Sheraton New Orleans, the American Bar Association and the State & Local Government Law Section is sponsoring a free screening of “ Crime After Crime,” the award-winning documentary from director Yoav Potash. I saw the film last year, and loved it:
New Cert Petition: Just Compensation For Development Potential, Inequitable Precondemnation Activities
Most of the cert petitions about eminent domain in recent years have focused on the “public use” side of the equation, and not on the “just compensation” side. That’s not surprising, since the Kelo issue (the power to take) has been the object of intense public interest, so much so that as eminent domain lawyers
March 13, 2012: RLUIPA Webinar
Mark your calendars: Dwight Merriam and his team at Robinson & Cole are conducting a webinar/teleconference CLE, “Religious Land Use and Institutionalized Persons Act Claims – Strategies for Local Governments to Avoid or Defend RLUIPA Actions.” Also on the faculty is Professor Marci Hamilton, one of the nation’s leading church/state scholars and
Texas: “The protection of property rights, central to the functioning of our society, should not – indeed cannot – be charged to the same people who seek to take those rights away.”
In City of Dallas v. Stewart, No. 09-0257 (Jan. 27, 2012), the Texas Supreme Court provided a good reminder of the importance of property rights and due process, even when protecting rights may inconvenience the government. In that case, the court held that a determination by a city agency that a home was a
ALI-ABA Annual Eminent Domain Conference, San Diego: “The Role of Hawaii’s Unique Property Law in the U.S. Supreme Court’s Takings Cases”
Here are the cases Professor Callies and I discussed in today’s session at ALI-ABA’s Eminent Domain and Land Valuation conference:
- McCandless v. United States, 298 U.S. 242 (1936) – an offer of proof that irrigation water could be transported to the land was not too “remote and speculative,” and should have been allowed