It’s An “Exaction” When Govt Requires Landowner To Spend Money To Improve Govt Land
A short one from the Florida District Court of Appeal (Second District) on exactions.
More precisely, what is an “exaction.”
In Murphy Auto Group, Inc. v. Fla. Dep’t of Transportation, No. 2d19-1236 (Nov. 20, 2020), the court held that the requirements of Nollan/Dolan (nexus and rough proportionality) apply when the DOT demanded
Brigham-Kanner Property Rights Conference Videos Now Available
In case you missed any part of it: the recordings of the recent 2020 Brigham-Kanner Property Rights Conference are now available.
Go here for the descriptions of the panels, speakers, and links to the recorded sessions.
This year’s conference, held on October 1-2, opened with the Brigham-Kanner Property Rights Prize being awarded to Professor
NM App: No Property In Impact Fee Gift Card
You know those times you go to the store and try to get a refund on something you’ve purchased, and instead of cash back, you get a gift card, only useable at the same store? Or when, instead of refunding your plane ticket, the airline gives you some limited-time credit for a future flight?
Your 2020 Brigham-Kanner Property Rights Conference Bingo Card
There’s Still Room: Join Us For The 17th Annual Brigham-Kanner Property Rights Conference (Online, Free!)
Although it is set to launch this Friday, October 2, 2020, there’s still more than enough time to register (and room at the inn) for you to join us for the 17th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School.
Like everything else this season, the Conference is online (
Breaking: News About The 2021 ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan. 28-29, 2021)
News just in: we’ve just received confirmation that the Conference will not be in-person in Scottsdale in January 2021, and we’re going online.
Not a big surprise, but still a bit disappointing, and it’s a shame that the circumstances won’t allow us to meet in-person to talk shop and to renew our friendships like we
Fed Cir: No Taking For Invalidating Patent By Inter Partes Review (But You Knew That Already)
Reading through the Federal Circuit’s opinion in Christy, Inc. v. United States, No. 19-1738 (Aug. 24, 2020) (a case we’ve been following since its inception; see here for the complaint), doesn’t hold out a lot of hope for something new, because the Federal Circuit already ruled in Golden v. United States, 955
Time Isn’t Money: Landowner Not Entitled To Interest On Deposited Funds Satisfying Just Comp Verdict, Even If That Forces Property Owners Into A Bad Choice
Here’s the latest in a case we posted about last year. There, the North Dakota Supreme Court noted an open issue, but declined to resolve it. Now, in Fargo v. Wieland, No. 20200100 (July 22, 2020), the court addressed it head-on.
Here’s how the noted the issue:
whether a landowner who appeals an
Trash Talking: Permit Condition Not Backed By Proof Of Nexus And Proportionality Is Illegal Exaction
We don’t often post trial court orders, but this one, Chiquita Canyon, LLC v. Cnty of Los Angeles, No. BS 171262 (Cal. Super. July 2, 2020), from the California Superior Court, is worth reading for you land use and exactions mavens.
It’s a long order, so we won’t go into great detail, but the