This one is not about takings, but this cert petition does relate to land and water, and come on, when the case involves Tombstone, Arizona calling out the federal government to a showdown — not at High Noon, but in the High Court — do you think we could have passed up the opportunity to
Municipal & Local Govt law
New Cert Petition: Ninth Circuit Homeless Property Ruling Created Public Health Hazard
As we noted here, the City of Los Angeles has filed a cert petition asking the Supreme Court to review Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). In that case, a 2-1 Ninth Circuit panel held that the city could not presume that property owned by homeless people…
Indiana App: No Temporary Taking In Seventeen-Month Loss Of Use
In Midwest Materials, Inc. v. Wilson, No. 84A04-1205-MI-258 (Feb. 27, 2013), the Indiana Court of Appeals held that Midwest did not suffer a taking for the loss of its property during the time a requirement that it provide water service to neighboring residences as a condition of a “special exception” needed to build a…
Podcast And Video: The PLDC And Property Rights In Hawaii – A Panel Discussion
(We’re not sure who captured and posted the above video — wasn’t us — but to whomever did so, thank you.)
Earlier this week, our colleague Mark M. Murakami spoke at the University of Hawaii Law School on a panel about “The PLDC and Property Rights in Hawaii.” PLDC refers to the Public…
HNL Planning Director: “Public, Along With Private Property Rights, Are Our Top Priority” In Building Permit Review
A quick one. An op-ed from yesterday’s Honolulu Star-Advertiser by the newly-appointed Director of Honolulu’s Department of Planning and Permitting. In “City followed law in issuing Hao Street development permit,” he makes some good points in this piece about building permits for two single-family homes in east Honolulu, points we don’t usually see…
Links And Materials From Today’s ABA Takings Teleconference
Here are the links to the materials and briefs from the Supreme Court’s three taking cases which we are discussing at today’s teleconference sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee.
Post-telecon note: thanks to everyone for joining us. I will be posting up the…
Still Time To Join Us Tomorrow For ABA Takings Roundable (Free!)
Did we say free? (If you are an ABA member, that is.)
Join us for a teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law, specifically the three cases the U.S. Supreme Court is ruling…
Portland: Planning Utopia Or Hipster Paradise?
Having recently attended the 7th International Conference of the Academic Association on Planning, Law, and Property Rights in Portland, Oregon, we offer this irreverent view of that city’s culture, “Insufferable Portland,” by Mark Hemingway at the Weekly Standard. The landscape he portrays should be familiar to anyone who knows Portland, Berkeley, the…
Upcoming Event: The PLDC and Property Rights in Hawaii
On Tuesday, February 26, 2013 from 7:15 – 8:309 p.m. in Classroom #2, the University of Hawaii Law School is sponsoring a talk about “The PLDC and Property Rights in Hawaii,” which will feature our Damon Key colleague Mark M. Murakami.
PLDC refers to the Public Land Development Corporation, a state…
Getting Past No In Land Use Disputes
Yesterday, our ABA and Owners’ Counsel of America colleague Dwight Merriam gave the keynote address at the 7th International Conference of the Academic Association on Planning, Law, and Property Rights, in Portland, Oregon. Dwight’s presentation, “Getting Past “Yes or No” – Linking Police Power Decision-making with Just Compensation,” centered on the idea…

