In Altman v. Brevard County, No. 5D19-1839 (July 10, 2020), the Florida District Court of Appeal considered a host of owner objections to a taking of easements over five beachfront lots:
(1) the County was required to obtain separate resolutions for each taking; (2) the County’s petition in eminent domain did not strictly comply
Oklahoma! where reservations were created and remain!
And the waivin’ claims, won’t abate
Cos’ the claims come years behind the pain!
Things I learned from yesterday’s Supreme Court opinion in McGirt v. Oklahoma (the one where the majority concluded that for purposes of the Major Crimes Act, eastern Oklahoma is still part of a reservation):
Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it
As expected, a quick decision and opinion from the U.S. District Court for the District of Hawaii, after yesterday’s hearing on the plaintiff’s request for extraordinary preliminary relief (a TRO and PI) in the case challenging the Hawaii Governor’s imposition of a 14-day self-quarantine on all travelers inbound to Hawaii (and other emergency orders, although
Last we checked in, the U.S. District Court for the District of Hawaii has granted the Hawaii Attorney General’s request to hold an in-person hearing on the plaintiffs’ motions for preliminary relief in the case challenging Governor Ige’s COVID-19 related orders (including travel quarantine). Unfortunately, that meant that those of us not able or
We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast.
If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of
OK, takings mavens, what’s your guess on whether a court would conclude there’s been a taking when a state bans “rapid fire trigger activators” (“devices that, when attached to a firearm, increase its rate of fire or trigger activation”)?
Under the law, it is a crime to “manufacture, possess, sell, offer to sell, transfer, purchase
Here’s the amicus brief filed yesterday in a Virginia Supreme Court case we’ve been following.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen own a lease from the state for the riverbed, which among other things, allows them to harvest some of the
Please plan on joining us on Wednesday, July 22, 2020, at 1pm ET (10am PT) for a long-form program on “Emergency and Police Power: Property Claims in Times of Crisis.”
Our speakers are Professors Craig Konnoth (Colorado) and John Nolon (Pace), and one of the lawyers on the forefront of the nationwide legal
As we noted here, property owners sued the New York governor asserting that one of his emergency measures to respond to the coronavirus crisis (a suspension of eviction proceedings) is a taking.
Yesterday, the District Court denied the plaintiffs’ motion for summary judgment, and entered summary judgment in favor of the governor. Order Denying