Here’s one we’ve been meaning to post for a few days. In California Building Industry Ass’n v. City of San Jose, No. H0338563 (June 6, 2013), the California Court of Appeal (6th District) held that the city’s affordable housing exaction might survive judicial scrutiny because it was designed to promote the development of affordable
Upcoming ABA CLE: “Supreme Court Takings – A First Look At Koontz And Horne”
Mark your calendars for July 12, 2013 for our CLE teleconference on “Supreme Court Takings: A First Look at Koontz and Horne,” sponsored by the ABA’s State and Local Government Law Section. We’ll start at 1:00 pm ET (Noon CT, 11:00 am MT, 10:00 am PT, 7:00 am HT). Here’s the program
Predicting The Koontz Case: Six Possible Outcomes
Hat tip to ABA State and Local Government Law colleague (and fellow U.H. Law School alum) Julie Tappendorf for the lead on a newly-published article: John M. Baker and Katherine M. Swenson, Koontz v. St. Johns River Water Management District: Trudging Through a Florida Wetland with Nine U.S. Supreme Court Justices, in the latest
Materials From Today’s Virginia Eminent Domain Conference
For those of you attending the Virginia Eminent Domain Conference, here’s the expanded papers on “Tough Takings Questions: Regulatory Takings, Zoning Issues and Judicial Takings” and Public Use issues.
Use the password provided at the conference to open the pdf’s. It’s the same p/w for both. If you forgot the password, email me.
For those who did not attend, sorry folks, there are some benefits to coming to a conference! Y’all are going to have to wait for a bit — after a decent interval to allow the attendees to get their money’s worth, we’ll remove the password.
For more about the cases and books we discussed yesterday during my presentation on “Virginia’s Place in National Eminent Domain Trends, check these out:
- Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) (private takings, Public Use Clause).
- Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005) (gas station rent control, and the demise of the “substantially advance” test as a takings test).
- Kaiser Aetna v. United States, 444 U.S. 164 (1979) (navigable waters, regulatory takings).
- Livingston v. Virginia Dep’t of Transportation, 726 S.E.2d 264 (Va. 2012) (flooding and taking liability).
- James Ely, The Guardian of Every Other Right: A Constitutional History of Property Rights (1998) (read this book!).
Continue Reading Materials From Today’s Virginia Eminent Domain Conference
Fla Fed Ct: Exaction Scheme Is “Constitutional Mischief” To Avoid “Nettlesome Payment of ‘Just Compensation'”
Here’s one to brighten your day, courtesy of the the U.S. District Court for the Middle District of Flordia (that’s Tampa, to all you non-Floridians). In Hillcrest Property, LLP v. Pasco County, No. 8:10-cv-819-T-23TBM (Apr. 12, 2013), the court held the county’s “Right of Way Preservation Ordinance” that allows it to land
Horne v. USDA Oral Argument Preview: Is It The Takings Clause, Or Only The Just Compensation Clause?
Koontz Sets The Stage
The apparent sticking point during the January oral arguments in n Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), came to light via Justice Scalia’s questioning of the property owner’s counsel about whether anything had been “taken” when a property owner refused to
Links And Materials From Today’s ABA Takings Teleconference
Here are the links to the materials and briefs from the Supreme Court’s three taking cases which we are discussing at today’s teleconference sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee.
Post-telecon note: thanks to everyone for joining us. I will be posting up the
Still Time To Join Us Tomorrow For ABA Takings Roundable (Free!)
Did we say free? (If you are an ABA member, that is.)
Join us for a teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law, specifically the three cases the U.S. Supreme Court is ruling
Cal App: Plastic Bag Ban Not A “Tax” Subject To Voter Approval
Here’s the latest in an issue we’ve been following, just because if the plastic bag ban hasn’t reached your jurisdiction yet, it certainly will (it has been adopted across Hawaii’s counties except for the City and County of Honolulu, for example).So it’s worthwhile to keep up with developments.
Tuesday Tidbits
Here’s what we’re reading on this Tuesday-after-a-long-weekend:
- “Economic Impact in Regulatory Takings Law,” a forthcoming article by lawprof Steven J. Eagle about one of the prongs of the Penn Central takings test. Professor Eagle “concludes that unresolved issues and complexities in adjudicating the ‘economic impact of the regulation on the claimant’ test provide