We can’t hear or read the word “plethora” without thinking of the “¡Three Amigos!” scene with Jefe and El Guapo, so when the California Court of Appeal “apologize[d] for the plethora of statutory citations and footnotes” (in a footnote!) in the latest opinion about the fallout and intragovernmental battle over the money in
Amici Brief: Didn’t Lingle Tell Us That Due Process And Takings Are Distinct Claims?
Here’s the amici brief of the National Association of Home Builders, the National Association of Realtors, the National Association of Independent Business Small Business Legal Center, and others in the case we’ve been following out of the federal courts in Florida about a county’s “right of way preservation” ordinance (which is somewhat similar, but perhaps
Honolulu Rail FAQ’s (And Answers) From Last Week’s Community Meeting
If you didn’t have a chance to attend last week’s community meeting on the Honolulu rail project and property rights at Farrington High School, we’ve posted the audio clips, which include the big picture, the current status, and a series of frequently asked questions.
- FAQ’s and background (including “The Numbers: How Much Land, How Much
Video: Report On Community Meeting On Property Rights And The Honolulu Rail
Weird headline from KITV. No, owners whose property is taken for the rail aren’t “profiting” if they are able to get more for their land than what the condemning agency offered; “just compensation and damages” are required by the constitution, and if they are able to obtain more, in many cases that still leaves them
Property Owners Invited: Honolulu Rail Project Public Informational Meeting, Thursday, March 5, 2015, Farrington High School
[To reserve your space, please email your RSVP to me or Mark, or call either of us at (808) 531-8031.]
On Thursday, March 5, 2015, from 6:00 – 7:15 p.m. at the Farrington High School Cafeteria (1564 North King Street, Honolulu, Hawaii), we’re inviting property owners, businesses, and residents whose rights
New Article: “Legislative Exactions after Koontz v. St. Johns River Management District”
Worth reading: “Legislative Exactions after Koontz v. St. Johns River Management District,” an article by colleagues Luke Wake and Jarod Bona, recently posted to SSRN. Here’s the abstract:
Decided in June, 2013, Koontz v. St. Johns River Management District settled a long-running debate among scholars as to whether the nexus test &mdash
NJ Court: There’s No Substitute For The Eminent Domain Process, Even On The Shore, Even In An “Emergency”
Here’s the trial court’s opinion in one of the Jersey Shore “dune replenishment” cases we’ve been following.
These are the cases in which owners of beachfront property (or in one case, a municipality itself) objected to the state and local governments summarily taking easements on private property to be used to armor the shoreline
9th Circuit Oral Arguments: Reg Takings, Private Takings, Due Process … And Williamson County
Yesterday, we were able to attend the Ninth Circuit oral arguments in a case which we posted on last month, Rancho de Calistoga v. City of Calistoga, No. 12-17749.
In that case, the U.S. District Court for the Northern District of California dismissed the complaint filed by the owner of a wine country
Fed Ct: Taxis Not Likely To Win On “Sharing Economy” Takings Claim
Owners of taxi medallions in Boston thought that they had some kind of special relationship with the city, perhaps understandably so. After all, taxi medallions are tough to get, are expensive, require the owner to comply with stringent regulations, and are the only commercial vehicles which can pick up passengers on the street (in other
ALI-CLE 2015 Eminent Domain Conference: Links From Today’s Presentation
Here are the cases which I spoke about this morning at the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation conference:
- Brandt: Supreme Court benchslap on Rails-to-Trails
- Utah: You might have a public use problem if your only reason for taking excess property is that you wanted to avoid litigating severance damages
- Fourth