A law journal article worth reading (short, not too many distracting footnotes) on takings theory.
In Imperfect Takings, 46 Fordham Urban Law Journal 130 (2019), Professor Shai Stern writes about what he calls the “three safeguards” in eminent domain (due process, public use, and mandatory compensation), and how to evaluate the legality of takings
The Arizona Corporations Commission has authority to regulate the sale, lease, assigning, mortgage of a public utility’s assets, including when those assets are “otherwise dispose[d] of.” These transactions need the Commission’s approval.
The city intended to exercise eminent domain to take the assets of a water utility. This sure looked like a “friendly” condemnation: the
Thanks to Professor Michael Wara’s Twitter feed, here is what might possibly be the first and only example of a comic strip devoted to inverse condemnation.
Yes, it is on an advocacy site (the International Brotherhood of Electrical Workers Local 1245), and it doesn’t really go into the details of the doctrine
Here are the links from today’s two sessions (the first, federal water issues impacting local land use; the second, Bringing and Defending a Takings Case):
As we’ve noted before, the growing homeless and “urban camping” situation seems to be getting worse, and in our perception is reaching the point of being intractable. A trip down the sidewalk of any major city — if you dare, particularly in the west — will confirm. And there are no easy answers
Pop quiz: Quick! Name the races in the Triple Crown of horse racing… There’s the Kentucky Derby (check) … the Belmont Stakes (check) … and … oh yeah, the Preakness Stakes. We always almost forget that last one.
But the City of Baltimore sure hasn’t. Because the home city of Pimlico racetrack and the aforementioned
We’ve been meaning to post the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Hillcrest Property, LLP v. Pasco County, No. 16-14789 (Feb. 13, 2019), mostly because of the provocative way it starts off:
The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due
Come join us at the 33rd Annual Land Use Institute, in Baltimore, Maryland, April 11-12, 2019.
As the brochure notes:
This Annual Land Use Institute program is designed for attorneys, professional planners, and government officials involved in land use planning, zoning, permitting, property development, conservation and environmental protection, and related litigation. It not only
It’s easy when legal cannabis or medical marijuana is involved to make a joke.
But (for now) we’ll resist that temptation and simply tell you about a webinar our colleagues at the American Planning Association are putting on about our favorite thing … Land use law. (What did you think we might say?)
Thursday, March
The bulk of the Indiana Court of Appeals’ opinion in Grdinich v. Plan Comm’n for the Town of Hebron, No. 18A-PL-1050 (Feb. 28, 2019) is devoted to details of land use law, specifically exhaustion of administrative remedies. If that floats your boat, we’ll let you read it.
What caught our eye was at the