Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big
New Cert Petition: Are Nollan Claims Subject To Williamson County (And If So, Should Williamson County Be Overruled)?
If you understand the title of this post, congratulations: you are a regulatory takings wonk.
The property owners have filed a cert petition asking the Supreme Court to review the Tenth Circuit’s decision in Alto Eldorado Partnership v. County of Santa Fe, 634 F.3d 1170 (10th Cir. 2011). The Questions Presented explain the background
New Lawsuit To Watch: Land Use Commission, Vested Rights, Civil Rights
A new case worth watching has been filed in Hawaii state court (Third Circuit, the Big Island) that involves allegations of vested rights and estoppel, Nollan/Dolan exactions, state and federal due process and takings, inverse condemnation, and equal protection.The
See below, the Complaint in Bridge Aina Le’a v. State of Hawaii Land Use
Regulatory Takings Pilgrimage, Part II
Last week, after we concluded the spring meeting of the ABA’s Section on State and Local Government Law in Portland, Oregon (more about that in a subsequent post), we could not resist paying a brief visit to the neighboring City of Tigard.
Yes, that City of Tigard.
In the early 1990s, the city was
Jess Jackson: Winemaker Extraordinaire, And Takings Lawyer
Comes the sad news that Jess S. Jackson, of the renown Kendall-Jackson wine label, has passed away in his Northern California home. Details here (K-J website), here (San Francisco Chronicle), and here (Santa Rosa Press Democrat). Jackson’s biography reveals a life lived very large: winemaker, business mogul, philanthropist, race horse owner.
Add to that list
Amicus Brief In Guggenheim: Takings Claims Run With The Land
Here’s another of the amicus briefs in Guggenheim v. City of Goleta, No. 10-1125. The brief of the National Association of Home Builders argues:
The Ninth Circuit in Guggenheim has rejected the widely held principle that regulatory takings claims run with the land for all subsequent title holders. As a result, the availability of
Cal Ct App: When Is An Affordable Housing Exaction Not Exactly An “Exaction?”
This just in: in Trinity Park, L.P. v. City of Sunnyvale, No. H035573 (Mar. 24, 2011), the California Court of Appeal (6th District) held that the City’s approval of the property owner’s residential development, conditioned upon the developer reserving 12 1/2% of the units for sale at below the market rate, was not a
10th Circuit: Affordable Housing Exaction Claim Not Ripe Under Williamson County
In Alto Eldorado Partnership v. County of Santa Fe, No. 09-2214 (Mar. 16, 2011), the U.S. Court of Appeals for the Tenth Circuit held that a regulatory takings challenge to an affordable housing exaction was not ripe under the second prong of the Williamson County test.The “final decision” prong was not at
Mark Your Calendars – Feb. 17-19, 2011: Annual ALI-ABA Condemnation Law Programs
Thursday-Saturday, February 17-19, 2011, come join us for the 28th annual presentation of the advanced-level ALI-ABA Course of Study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level ALI-ABA Course of Study, Condemnation 101: Making the Complex Simple in Eminent Domain, both at the Hyatt Regency in Coral Gables
Cal Ct App: Farmland Mitigation Exaction Has Nexus And Proportionality
In Building Industry Ass’n of Central California v. County of Stanislaus, No. F058826 (Nov. 29, 2010), the California Court of Appeal (Fifth District) concluded that the County’s Farmland Mitigation Program — which requires property owners to dedicate or acquire perpetual agricultural conservation easements in a 1-to1 ratio as a condition of obtaining development approvals