Didn’t the California Supreme Court already deal the final blow to California’s redevelopment agencies when it held that the state legislature could eliminate redevelopment agencies without violating the California Constitution because what the lege giveth, the lege may taketh away? In California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011) the court upheld
Release The Hounds! Honolulu Rail Authority Begins Condemning Property Along Route
And so it begins. The Pacific Business News reports that “Honolulu rail board approves eminent domain to acquire 10 acres,” all or portions of two parcels in leeward Oahu.
Materials And Links From Today’s ALI-CLE Presentation On Condemnation Of Underwater Mortgages
This morning at the ALI-CLE Eminent Domain and Land Valuation Conference, we made a presentation (along with Cornell lawprof Robert Hockett and moderator Jim Burling) on the issue of the use of eminent domain to seize “underwater” mortgages.
Late breaking: it must have been something we said – the Joint Powers Authority (the agency formed
We Can Try To Understand The New York Times’ Effect On Man (When It Opines On Eminent Domain Law)
Does the editorial board of the New York Times really have the stones to start off its latest editorial about the Takings Clause, “Where Is the Taking?“, with this:
When a city condemns private property to make way for a public highway, that is a classic “taking” for which government must provide “just
More On Koontz Oral Arguments: Is Nollan A Theory Dependent Upon Accepting An Unconsitutional Condition, Then Challenging It As A Taking?
We’re tied up all day in the 10th Hawaii Land Use Law Conference, but two other bloggers have stepped up to fill the gap, offering cogent analysis and some contrarian thoughts about the recent oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
Most
Upcoming TeleBriefing On Takings Issues After Arkansas Game & Fish
Mark your calendars for next Friday, January 25, 2013 from noon to 1:00 p.m. Pacific for “Arkansas Game & Fish Commission v. United States: Practical Implications Of The Supreme Court’s Decision,” presented by Law Seminars International.
It’s a discussion of Arkansas Game, the decision in which the Supreme Court held that the
Another HAWSCT Shoreline Cert Grant
The Hawaii Supreme Court has accepted certiorari and agreed to review the Intermediate Court of Appeals’ unpublished memorandum opinion in Diamond v. Dobbin, No. 30572 (Aug. 31, 2012). The Supreme Court’s order is here.
It’s another beach case, this time involving a shoreline certification. Shoreline certifications approved by the State Department of Land
The Good, The Bad, And The Scalia: Koontz Oral Argument Round-Up
In addition to our summary of and reaction to yesterday’s oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), here is the leading commentary from other sources:
- Lyle Denniston at SCOTUSblog: “The very idea that an unconstitutional “taking” had occurred to an owner of
SCOTUS Arguments In Monetary Exactions Case: (Sliced) Bread And Circuses
When you are a property owner making a takings argument and Justice Scalia gives you a hard time at oral argument, you would be safe in thinking that you’ve got an uphill battle.
That was the situation today during the oral argument (transcript here) in Koontz v. St Johns River Water Mgmt Dist.
SCOTUS Transcript In Koontz
For those of us who were far, far away, and thus not able to be in D.C. for today’s oral arguments in person, here is the transcript in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
Here’s the first recap of the arguments, from Greenwire‘s Lawrence