This just in: In Los Angeles County Metro. Trans. Auth. v. Alameda Produce Market, LLC, No. S188128 (Nov. 14, 2011), the California Supreme Court held:
Under California’s “quick-take” eminent domain procedure, a public entity filing a condemnation action may seek immediate possession of the condemned property upon depositing with the court the probable compensation…
Been tied up finalizing one brief and drafting another, so haven’t had time to post, but here’s what we’re reading today:
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This has been a pretty good week for my St. Louis colleague Thor Hearne.
First, he obtained summary judgment in the Court of Federal Claims for the property owners in a rails-to-trails case, Dana R. Hodges Trust v. United States, No. 09-289 L (Oct. 25, 2011). Next, his Cardinals come back from the…
Here’s a worth-reading decision from the U.S. Court of Federal Claims (the court that has exclusive jurisdiction to hear major regulatory takings claims agains the federal government), litigated and won by colleague Mark (Thor) Hearne, II.
In Dana R. Hodges Trust v. United States, No. 09-289 L (Oct. 25, 2011), the CFC concluded…
Save the date: on Thursday, December 1, 2011 (1:00pm-2:30pm EST, 10:00am-11:30am PST) we’ll be presenting the on-line seminar “Eminent Domain: Redevelopment Challenges for Local Governnment – Navigating Federal Funding Requirements, Challenges for Public Utilities in Right-of-Way Projects, and Objections to Taking for Public Use.“
Joining me are colleagues Anthony Della Pelle (McKirdy…
Civil Beat‘s recent story “Mayor, City Council Move Closer to Litigation on Rail” details the potential lawsuit over who gets to control the $18 million budget of the Honolulu Authority for Rapid Transit (HART), the newly created “semi-autonomous” agency that is overseeing the $5 billion rail project. The focus of the story…
As we’ve mentioned here before, the City & County of Honolulu has given the green light to a new public railway, described as “a 20-mile elevated rail line that will connect West O`ahu with downtown Honolulu and Ala Moana Center. The system features electric, steel-wheel trains capable of carrying more than 300 passengers each. Trains…
The Center for Constitutional Jurisprudence and the Reason Foundation have joined the list of parties (us included) who submitted briefs supporting the cert petition in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). Their brief is available here.
In that case, California mobile home park…
We’re going to wrap up 2010 with a post on our favorite topic, inverse condemnation. While the Ninth Circuit ended the year badly by making hash of both Penn Central and Palazzolo in a rent control case, other federal courts of appeals aren’t so predictably off-key. The Federal Circuit, which hears appeals from the…
Here are items we’re reading today, in no particular order:
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