Frequent readers know that we just love the Australian comedy film “The Castle,” which tells the tale of one man’s legal fight to save his family’s home from the abusive exercise of eminent domain power. (See “Kelo Down Under,” our review.) The case is played for laughs and in the
Cal App: “A Plethora of Statutory Citations And Footnotes” In The Latest Redevelopment Chapter
We can’t hear or read the word “plethora” without thinking of the “¡Three Amigos!” scene with Jefe and El Guapo, so when the California Court of Appeal “apologize[d] for the plethora of statutory citations and footnotes” (in a footnote!) in the latest opinion about the fallout and intragovernmental battle over the money in
4th Cir OK’s City’s Sign Ordinance: You Can “Whisper” Your Anti-Eminent Domain Message, But You Can’t “Shout” It
In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit concluded that Norfolk, Virginia’s sign ordinance did not violate the First Amendment, when it was applied to bar the anti-eminent domain banner shown above.
Central Radio Co. Inc. v. City of Norfolk, No. 13-1996 (4th Cir. Jan. 13, 2015), arose from
Texas (Reluctantly) Finds No Regulatory Takings Claim
The Texas Supreme Court is generally pretty good about property rights. See this opinion, this one, and this one, for examples.
So when the legal analysis in one of its regulatory takings/inverse condemnation opinions has the following language — especially in a case where a municipal government has treated the plaintiffs/property owners very
Upcoming Book: Private Property and Public Power – Eminent Domain in Philadelphia
After a couple of days detouring to election law, today we’re back to our usual programming.
We caught wind of an upcoming book (September 2014), “Private Property and Public Power: Eminent Domain in Philadelphia,” by Barnard College Professor Deborah Becher. “Her book—the first comprehensive study of a city’s eminent domain acquisitions—explores how
Mark Your Calendars: 2015 ALI-CLE Eminent Domain and Land Valuation, and Condemnation 101 – February 5-7, 2015, San Francisco
ALI-CLE, the good folks who put on the annual programs on Eminent Domain and Land Valuation, and Condemnation 101: How to Prepare and Present an Eminent Domain Case, have announced the dates and venue for the 2015 conferences:
Thursday – Saturday, February 5-7, 2015
Hotel Nikko, in San Francisco.
Those
Honolulu Rail And The Use Of Eminent Domain
Here are two recent reports on the progress of the Honolulu rail project that should be read in-tandem:
- Property acquisition for rail falls far behind (Star-Advertiser, June 15, 2014)
- City might seize land in Honolulu for rail line (Star-Advertiser, June 20, 2014)
Both stories are partially behind a paywall, but here’s
Fla App: Because A Golf Course That Eventually Went Broke (And Was Later Bought By The City) Was “Profitable,” City Not Liable For A Taking
Our thanks to Jacob Cremer for the heads-up on the Florida Court of Appeals’ decision in Ocean Palm Golf Club Partnership v. City of Flagler Beach, No. 5D12-4274 (May 30, 2014). Jacob did not post any analysis (undertstandable because his law firm is involved in the case) so we’ll add our two cents.
Orlando Church To Fight Taking
Here’s a quick update on a recent post about an Orlando church which is being targeted by the city so it can build a new stadium for a privately-owned soccer franchise.
Turns out the church has hired our Owners’ Counsel colleague and friend Andrew Brigham, and will be opposing the taking on public use
Atlantic Yards: How About Calling It The “Jay Z” Medal?
You remember Battle for Brooklyn, the documentary which chronicles the eminent domain fight over New York’s Atlantic Yards project? (Read our review of the film here to refresh your recollection.)
Well here’s the latest chapter. Or perhaps “epilogue” is more appropriate, because the former property owners have long since been evicted, the homes have