Its deja vu all over again: like it did just a short while back, in Lafave v. City of New Orleans, No. 21-30358 (June 1, 2022), the U.S. Court of Appeals for the Fifth Circuit once again has rejected a takings claims “based on the city’s failure to honor a judgment of the
Utah: Sale “Under Threat Of Condemnation” Means Only A “Specific Threat To Take,” Not That Govt Authorized Condemnation Lawsuit
Here’s the latest in a case we’ve been following.
A Utah statute requires that if a condemnor doesn’t actually use property it acquired “under a threat of condemnation,” it must try and sell it back to the (former) owner. The statute defines “threat of condemnation” as when “an official body of the state or
Texas: At Least One Customer Is Served So Pipeline Is A Public Purpose, But Let’s Loosen Valuation Rules For Energy Corridors
On one hand, there’s nothing terribly surprising about the Texas Supreme Court’s opinion in Hlavinka v. HSC Pipeline Partnership, LLC, No. 20-0567 (May 27, 2022) holding that yes, “polymer-grade propylene” qualifies as an “oil product” under Texas statutes that allow a private pipeline company to take property to transport oil products, and that yes
Tuesday Round-Up: Austin Airport Taking Its Own Land?, The Right To Exclude, And More
Here’s what we’re reading today:
- “ABIA attempts ‘unusual’ use of eminent domain to force out South Terminal operator” Austin Airport, which already owns the property, is condemning it?
- “Gun Rights, Property Rights, and Takings” from lawprof Ilya Somin
- “Can tenants have it both ways? – Some demand the freedom of
District Court: City Liable For Physical Taking For Destroying Home While Apprehending A Criminal
Here’s a pretty rare one: a trial court entering summary judgment on liability in favor of the property owner in a takings case. Yes, you read that right.
And to top it off, this ruling comes in a case in which the taking alleged was a police invasion and destruction of a home for the
Lawprof Saxer On Jotwell: “The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions”
Check this out: Pepperdine lawprof Shelley Saxer has a piece in Jotwell, “The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions,” a review of U. Hawaii lawprof David Callies’ book, “Regulatory Takings After Knick.”
The review is short and to the point, so we suggest you read
Who Let The Dogs In? Property Owners Challenge Virginia’s “Right to Retrieve” Law That Allows Hunters (& Dogs) To Trespass
After the U.S. Supreme Court in Cedar Point Nursery reminded everyone that the Court’s longstanding focus on the right to exclude others as one of the most fundamental of property rights is as fresh today as it ever was (see Kaiser Aetna (uninvited boaters), Loretto (cable TV box), Nollan (beachcombers) and
It Isn’t An “Easement” When Condemnor Is Taking Everything, Permanently
The Cass County Water Resource District wanted to acquire the Sauvageau property for a flood control project. That means flooding the property, removing all trees and vegetation, and taking dirt. Putting the land underwater, permanently. Cutting off the public access road. And removing the Sauvageau home.
The District offered to buy the fee interest from
“Something is very wrong with this picture.” Cal Ct App Calls Out CEQA (“fearsome weapon”), Tiburon’s “official hostility,” And “combined animus of two levels of local government”
Anyone who reads this blog regularly knows Tiburon, California, even if you’ve never stepped foot there. Yes, that Tiburon. Well, the beat goes on: the Agins litigation wasn’t the only time that the town and its residents combined forces to try and draw up the drawbridge and prevent the building of more
Hawaii Land Use Law Conference, May 25-26, 2022, Honolulu – Join Us!
It’s back! After a hiatus on the in-person program, the bi-annual Hawaii Land Use Conference is back in-person (see here for a sample of one of our prior presentations at this conference).
May 25 and 26, 2022, downtown Honolulu.
The full agenda and speaker list has not yet been published, but here’s a summary