Planning co-chairs Professor David Callies and Ben Kudo have once again assembled a stellar faculty and put together an agenda that covers
9th Cir: No Facial Penn Central Taking In Ordinance Creating Mobile Home Zoning
The three-part Penn Central test for an ad hoc regulatory taking tasks courts with evaluation of the economic impact of the regulation on the property’s use, the property owner’s distinct investment-backed expectations, and the character of the government action. Throw all of these “factors” into a pot, stir, and voila, the answer of whether
A Microcosm Of Hawaii Land Use Law
If you need another reminder of what land use and zoning law looks like on Kauai in practice (and, in turn, in Hawaii generally), see this article, Hanalei vs. Hanalei in The Garden Island newspaper. It’s about a proposal to develop a new resort that (not surprisingly) is “meeting staunch opposition from a rapidly growing
Allegations Of Zoning Enforcement Outrages On Kauai (Part II) – A Rice Cooker Is A Kitchen?
Check out this complaint, filed last week in federal court in Honolulu by a Kauai councilmember against the County of Kauai, a Planning Department Official, and the Kauai prosecutor. The councilmember claims the defendants maliciously prosecuted him for a zoning violation.
And just what was the alleged zoning violation?
While the Planning official was
More On The Ninth Circuit’s Ruling That Homeless Have Property Rights, Too
Here’s a follow up to our earlier brief post about the opinion in Lavan v. City of Los Angeles, No.11-56253 (Sep. 5, 2012), in which a 2-1 Ninth Circuit panel held that the Fourth and Fourteenth Amendments protect the homeless against the City of L.A.’s seizure and destruction of their “momentarily unattended” property. The
Takings Tuesday
Here are links to worthwhile reads, all with a takings flavor:
- Using Eminent Domain to Take Property For Universities – Lawprof Ilya Somin at Volokh comments on the recent article in the Chronicle of Higher Education,” why takings for the benefit of universities are generally a bad idea even if they are legal.” Just ask
Upcoming Program – The U.S. Housing Recovery: Lessons From California
In or near Sacramento this week? You may want to attend this free program, sponsored by the American Action Forum:
The American Action Forum will host a panel discussion at the Hyatt Regency in Sacramento on the devastating downturn of the housing market and painful recovery currently facing our nation. There’s no question California’s housing
“Eminently Reasonable,” Or Desperate Times Breed Desperate Measures?
In the op-ed piece “Eminently reasonable,” Brooklyn lawprof David Reiss writes that “using the power of eminent domain to restructure underwater mortgages is constitutional, beneficial and administratively feasible.”
Local governments across the country are considering an innovative use of eminent domain. They propose to condemn underwater mortgages (those that exceed the fair-market value
Ohio: No Such Thing As Extraterritorial Inverse Condemnation
In Moore v. City of Middletown, No 2012-1363 (Aug. 30, 2012), the Ohio Supreme Court held that a property owner did not have standing to bring a regulatory takings claim when a “foreign municipality” (the neighboring city) rezoned an adjacent parcel, because the municipality did not have jurisdiction to exercise eminent domain over his
Thursday’s Worth Reading List
Here’s a few reports worth reading:
- Sixth Circuit Reverses Verdict for Property Owner Against City of Frankenmuth – from Dalton – Tomich’s blog, about the recent decision in Loesel v. City of Frankenmuth, No. 10-2354 (6th Cir. Aug. 20, 2012). Anti-big box zoning.