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
HAWSCT: City’s Prohibiting Use Of Property Pending City Acquisition Is Land Banking Taking
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
Three New Property And Takings Articles From William & Mary Law Review
Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
- Charles D. Wallace, When (and Why) the Levee Breaks: A Suggested Causation Framework for Takings Claims That Arise From Government-Induced
Join Us This Week: May 12-14, 2020 For (Virtual) Land Use Institute Webinar Series
Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session
CA9 En Banc Petition: Must A Property Owner Exhaust Admin Remedies Before Filing A Federal Takings Claim?
Here’s the latest in a case we’ve been following. In Pakdel v. City and County of San Francisco, No. 17-17504 (9th Cir. Mar. 17, 2020), a 2-1 panel of the U.S. Court of Appeals held that a federal takings case was not ripe because the plaintiffs had not sought an exemption (“variance”) from the regulation.
Still Time To Join Us (Tomorrow): ALI-CLE Webinar – Strategies for Litigating Regulatory Taking Cases
There’s still time to join us tomorrow, Friday, April 24, 2020 at 2-3pm Eastern Time, they will be presenting “Strategies for Litigating Regulatory Taking Cases” in a webinar produced by ALI-CLE. Register here (multiple attendee discounts available).
At the recent ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville, our colleagues
Unboxing The 2021 (Scottsdale) ALI-CLE Eminent Domain Conference Swag: Get Yours Today!
Missed out on the 2021 ALI-CLE Eminent Domain and Land Valuation Litigation Conference swag?
Well fear not: here’s your chance to get your high-class reminder — a kit of road warrior essentials — to save the Conference date on your calendar. We’re already underway with planning the agenda and faculty, so it’s never too soon
Record Attendance (But There’s Still Time For You Last-Minute Filers) At Nashville ALI-CLE Eminent Domain Conference
Picture 1: how normal people see pie.
Picture 2: how you see pie if you’re coming to the
ALI-CLE Eminent Domain Conference.
If you get the above, you probably are already set to join us next week for the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville. (If not, shame on