You already know that Associate Justice of the U.S. Supreme Court John Paul Stevens has announced his retirement from the Court. On that august occasion, we look back on his “takings” opinions.
One commentator, lawprof
Public Use | Kelo
Sunday Eminent Domain Round-Up
What we’re reading today:
- Curbing abuse of eminent domain – A Denver Post editorial on a new Colorado statute designed to limit the power of the government to declare farmland “blighted” (“The new law says land that has been classified by the county assessor as agricultural land cannot be condemned for urban renewal. However, it
…
New Jersey Appellate Division: For Property To Be Blighted, City Must Do More Than Say It Is Blighted
By Robert H. Thomas on
In Cottage Emporium, Inc. v. Broadway Arts Center, L.L.C., No. A-0048-97T2 (Apr. 16, 2010) (per curiam), the New Jersey Superior Court (Appellate Division) struck down the city of Long Branch, New Jersey’s declaration that properties located in an area of the city known as the “Broadway Corridor” are blighted. The court held that the…
New Hampshire Supreme Court Upholds Taking Of Private Water Works
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Public Use | Kelo
The New Hampshire Public Utilities Commission properly approved the taking of private water works by the City of Nashua. In Appeal of Pennichuck Water Works, Inc., No. 2009-274 (Mar. 25, 2010), the New Hampshire Supreme Court concluded taking was in the public interest, and that it resulted in a net benefit to the…
8th Circuit: Federal Takings Lawsuit Not Ripe
In granting a special zoning exemption to Shelter House, Iowa City allowed it to build a homeless shelter on land next to Mr. and Mrs. Dahlen’s mobile home park. After losing their challenge to the zoning exemption, the Dahlens filed suit in federal court alleging the exemption violated their due process rights.
That claim was…
NY Supreme Court (Appellate Division): Eminent Domain Can’t Be Used To Get Out Of A Contract
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Public Use | Kelo
“Bust a deal and face the wheel.”
– Aunty Entity (Tina Turner) Mad Max: Beyond Thunderdome
You make a deal, you live with it. Or use legal means to try and avoid your obligations. But in New York, if you don’t like a deal and can’t get out of it, apparently you try to condemn…
Multimedia Round-Up
What we’re looking at and listening to today. Some video, some podcasts.
- First up is the video above from Reason.tv, Billionaires v. Brooklyn’s Best Bar: Eminent Domain Abuse & The Atlantic Yards Project
- A clip about the owner of what might be “the most condemned property in America.” It features a Virginia rancher whose property
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Diner My Shiny, Shiny Love
By Robert H. Thomas on
Who among us hasn’t, at one point or another, found some comfort in that icon of mid-century americana, the greasy spoon diner? In the words of Martin Sexton:
Like a locomotive they were streamlined
And the blue prints were drawn up from a dream of mine
Slap ’em up put ’em on the train…
DC Circuit Peels The Onion On Eminent Domain Abuse Case
By Robert H. Thomas on
In the latest chapter is the Skyland Shopping Center saga, Rumber v. District of Columbia, No. 09-7035 (D.C. Cir. Feb. 26, 2010) (per curiam), the U.S. Court of Appeals for the D.C. Circuit got rid of most of the 17 plaintiffs by determining they did not have standing to object to a condemnation, …
Competing Views Of James Cameron’s “Avatar” (And Eminent Domain)
By Robert H. Thomas on
An interesting difference of opinion about the message in the current blockbuster Avatar. Eminent domain mavens Gideon Kanner and Rick Rayl initially agree that it’s not about eminent domain, but diverge on their philosophical approaches to the issue.
Rather than attempt to summarize their respective positions, it’s probably better we just refer you to…