Here at inversecondemnation.com, we were all set to call it a week and take a break from posting until Monday.
But SCOTUS had other ideas.
In this Order issued today, it agreed to review Tyler v. Hennepin County, No. 22-166, a case and an issue we’ve been following closely.
The Questions
We continue our series on the 100th anniversary of the mother lode of takings case, Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (Dec. 11, 1922), with this short essay recently published in the “Notice & Comment” feature of the Yale Journal on Regulation.
You know the “amortization” doctrine: when an existing legal use is declared illegal, the government can avoid a takings claim by slowly phasing out the use, supposedly to allow the owner to recoup investment. The doctrine is established in Maryland by Grant v. Mayor and City Council of Baltimore, 129 A.2d 363 (Md.
Here’s another one from the Ninth Circuit, argued on what one advocate called “land use day at the Ninth Circuit” (except, unlike the other two cases argued that day, the decision in this one gets published).
In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the panel upheld
This story might be said to have had its roots millions of years ago.
It is about coal, after all. Anthracite coal, to be exact.
But that — and today’s date — should give you a clue that, as we teased in this post a mere 28 days ago (the Supreme Court worked hard
Check out the Ohio Supreme Court’s 6-1 opinion in State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., No. 2020-0191 (Dec. 7, 2022), in which the court held held that the taking of the Country Club’s lease for the property served a public use.
Court News Ohio beat us to the punch
Here’s your must-read for today, the latest journal article from Michael Berger, “Theft, Extortion, and the Constitution: Land Use Practice Needs an Ethical Infusion,” 38 Touro L. Rev. 755 (2022).
Here’s the Abstract:
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal
Due to our 808 roots, we’ve been fielding a lot of questions related to the ongoing eruption of Mauna Loa on the Big Island.
It’s big, it’s spectacular (see video above), and (for us) it’s law.
The questions (who owns “accreted” lava?, how does the NPS let the public out to see this?, what
Starting in January, we’ll be teaching the venerated, and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.
We’re at least temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that our mentor Professor David Callies taught for
As we noted earlier this week, the Federal Quiet Title Act isn’t exactly on the public radar screens. Especially questions about whether the Act’s 12-year statute of limitations is “jurisdictional” or merely a claims processing rule.
Thus, you are not likely to see throngs of protesters on the Supreme Court steps today (Wednesday, Nov.