You might not think that the conclusion which the U.S. Court of Appeals for the Tenth Circuit reached in M.A.K. Investment Group, LLC v. City of Glendale, No. 16-1492 (May 14, 2018) would be all that controversial: when private property is declared by a municipality to be “blighted” and subject to redevelopment (and eminent
Of Ipse Dixits And Bootstrapping: Virginia Supreme Court Adopts “I Know Because I Know” Theory Of Admissibility Of Appraisal Opinion Testimony
The Virginia Supreme Court once famously noted that some things were so obvious, you didn’t need to cite any authority for the proposition. See Goldstein v. Old Dominion Peanut Corp., 177 Va. 716, 722, 15 S.E.2d 103, 105 (Va. 1941) (“We have so often said this that no citation for its verity is needed,”
4th Cir Oral Arguments In Pipeline Takings Case: “Meaningful” Judicial Review, Or FERC Procedures?
Yesterday, the U.S. Court of Appeals heard arguments about the Mountain Valley Pipeline (which will run from northern West Virginia to southern Virginia), a situation receiving a lot of attention, and which has generated a number of lawsuits (go here for a list of the cases and a summary).
The question in Berkley
Coming Attraction: Little Pink House (Honolulu, June 11, 2018, 6:30pm)
Little Pink House, the feature film about the Kelo v. City of New London case is in general release, and is now scheduled for a special screening in Honolulu in June.
Mark two dates on your calendar:
- June 4, 2018: This is the deadline to buy your ticket. The way this works is that
Judge Dyk Strikes Again: No Love For Taking Of Leasehold Of Love Field
Another week, another Federal Circuit panel opinion on takings authored by Judge Timothy Dyk (following the recent MR-GO opinion). And you know what that means: property owners lose.
The Court of Federal Claims concluded that the feds had taken the plaintiff’s lease of of a part of Dallas’ Love Field — under both a
New York City Allowing Ridesharing Isn’t A Taking Of Taxi Medallions
Surge pricing applies!
You really have to feel for taxi operators who invested what could be huge amounts of money to obtain a taxi medallion getting whacked by the competition from ridesharing outfits like Lyft and Uber. These services look and feel an awful lot like taxis, don’t they? As we wrote in a recent
Property Lawyers, Read The Supreme Court’s Latest Patent Case
Here’s one we’ve been waiting to drop, but when it did, we were tied up so couldn’t get to it quickly.
Yes, it’s a patent case. But as we explained here, a case that property mavens should be following because it deals with what is “property,” and where an owner goes to resolve
Monday Readings: South Africa Takings, Redevelopment, Metes and Bounds, And More
Here’s what we’re reading today:
- The latest in that 15-minute jury verdict in a federal court regulatory takings case: the owner is now seeking attorneys’ fees. Here’s the motion. More on the case here (“State loses land-use lawsuit and must pay $1“).
- “A Dangerous Development in Cape Town” (via City
9th Cir: “Ape Shall Not Sue Ape!” Court Has Time For Silly Monkey Selfie Case, But Not For Takings
Here’s the not unexpected decision from the U.S. Court of Appeals for the Ninth Circuit in a case we’ve been following (sort of). It should never have gotten this far, even as the “plaintiffs” raise the specter of a cert petition.
We say again: the federal courts seem to have time for this brand
Cases And Materials From The Takings And Eminent Domain Session At The Land Use Institute
Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s