Property rights

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You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue

According to this story (“California moves closer to taking public pathway from billionaire Vinod Khosla“) in the Santa Cruz Sentinel, the State of California is considering exercising eminent domain to take an easement for public access over his San Mateo County property to access Martins Beach. 

This is the case that resulted

There’s a lot to digest in the Ninth Circuit’s opinion in Fowler v. Guerin, No. 16-35052 (Aug. 16, 2018). (We’ve been following the case, but the court’s issuance of the opinion slipped by — our thanks to a colleague for pointing it out).

The plaintiffs filed a class action alleging that state officials failed

Back in April, we posted the Florida District Court of Appeal’s opinion in a case where landowners sued the state fish and wildlife commission because “deer dog hunters and their dogs” who had hunting licenses trespassed on the plaintiffs’ lands. The court, over a single judge dissent, affirmed the dismissal of the takings claims, because

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We usually don’t cover trial court orders, but this one is short, and, we think, worth your time reading. 

The issue before the North Dakota District Court (Ward County) was the award of attorneys’ fees following a successful necessity challenge by a landowner. In North Dakota, the award of fees and costs to

Here’s the opinion in a case we’ve been following. In Berkley v. Mountain Valley Pipeline, LLC, No. 18-1042 (July 25, 2018), the U.S. Court of Appeals for the Fourth Circuit held that the federal Natural Gas Act allows the Federal Energy Regulatory Commission to delegate eminent domain authority to Mountain Valley, and that any challenges

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Here’s the latest in a case we’ve been following, a regulatory takings dispute from the Big Island of Hawaii. 

Last we reported, the jury (after deliberating for a grand total of 15 minutes) held the State of Hawaii Land Use Commission liable for a regulatory taking. But unbeknownst to the jurors, the court

Here’s what we are reading (or listening to) this Tuesday: