Clare Trapasso has a Realtor.com piece on what a Justice Kavanaugh could mean for real estate, property, and land use issues, “What Supreme Court Nominee Brett Kavanaugh Could Mean for Real Estate,” where she correctly notes that “while commentators have been scrutinizing Kavanaugh’s record on hot-button topics like abortion and immigration, there’s been
Links And Materials From Today’s Transportation Research Board Session
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme
DC Cir: No Property Right In A Clean And Pure Environment Because No Right To Exclude Others
Remember that case from earlier this year where the Hawaii Supreme Court held that for purposes of Hawaii’s Due Process Clause, the Sierra Club (any “person,” actually) has a property right in a “clean and healthful environment?”
We asked if that were the case, then what does that “property” right look like? For example, how
SCOTUS Amici Brief: Kelo Revisited – Louisiana Case Is An Opportunity To Clarify Eminent Domain Pretext
Here’s the amici brief we’re filing in an important Public Use case we’ve been following.
In St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., No. 2017-C-0434 (Jan. 30, 2017), the Louisiana Supreme Court upheld the taking by the St. Bernard Port, Harbor, and Terminal District of a Mississippi River docking facility
Honolulu’s Sidewalk Obstruction Prohibition Goes Island-Wide
Honolulu’s homeless problem is a tough nut to crack. There are no easy answers. People have rights, even if that means they have the freedom to live outside. But when a walk out the door of your downtown office becomes an exercise in dodging human waste, poor unfortunates in various stages of mental illness
New Cert Petition: The Other Williamson County Ripeness Test, Intentional Precondemnation Value Depression
Here’s a cert petition we’ve been waiting to drop, in a case we’ve been following out of Florida.
In Town of Ponce Inlet v. Pacetta, LLC, No. 5D14-4520 (Fla. Dist. Ct. App. June 16, 2017), the Florida District Court of Appeal reversed a Lucas takings verdict, concluding the case might not even be ripe
Kennedy, J. (ret.)
Some good (Dolan, Lucas), some bad (Kelo, Murr), some … not sure (Lingle).
But now, things get interesting.
Let’s just say that we’re not totally convinced this letter from Justice Kennedy announcing his retirement isn’t “fake news,” since it does not list the four factors he considered in deciding
Fifth Circuit: Williamson County Doesn’t Require District Court Dismiss Due Process Or Takings Claim
A short, but published, opinion from the U.S. Court of Appeals for the Fifth Circuit.
In Archbold-Garrett v. New Orleans, No. 17-30692 (June 22, 2018), the court held that the plaintiffs’ Fourth Amendment, Fifth Amendment, and Fourteenth Amendment claims (search and seizure, compensation, and procedural due process) were ripe for federal court, even though
Wisconsin – No Right To Be Seen: View Of Billboard From Public Road Isn’t “Property”
In Adams Outdoor Advertising, LP v. City of Madison, No. 2016AP537 (June 19, 2018), the Wisconsin Supreme Court held that the City’s construction of a bridge next to — but not on — property on which Adams maintained a non-conforming billboard, was not a taking.
There didn’t seem to be much of a dispute
New Cert Petition: How Do You Ferret Out Private Benefit In Eminent Domain?
Here’s a new cert petition, filed yesterday in a case we’ve been following out of Louisiana that asks the Supreme Court to revisit the Public Use Clause questions left open by Kelo v. City of New London, 545 U.S. 469 (2005).
In Violet Dock Port, LLC v. St. Bernard Port, Harbor, & Terminal