Prunes And Raisins And The Cedar Point Merits Brief: “Regular And Predictable” Invasions Of Property Are Per Se Takings, Even If Not 24/7
Here’s the property owners’ Brief on the Merits in the case in which the U.S. Supreme Court is considering the nature of physical invasion takings, and how permanent a permanent intrusion must be in order to qualify for Loretto and Kaiser Aetna-ish per se treatment.
In Cedar Point Nursery v. Shiroma, 923 F.3d
New Complaint: Oregon’s Eviction Moratorium Extension Is A Taking
We would not have guessed back in March when we posted the “first” coronavirus shut down takings complaint that we’d still be at it at the end of 2020, but here we are.
The latest is this complaint filed last week in the U.S. District Court for the District of Oregon against Oregon’s governor (in
No Good Deed Goes Unpunished: Bank Has No Takings Claim Because School District Had No Obligation To Cover Borrower’s Loan
In case you weren’t already aware, Georgia law apparently distinguishes between “inverse condemnation” claims and “takings” claims.
That was not the dispositive point the Georgia Court of Appeals made in its recent opinion in HBC2018, LLC v. Paulding County School District, No. A20A1993 (Dec. 21, 2020), but we thought we’d highlight here, just because:
Light Holiday Reading: State Takings Law, And Home Rule
If you are like us, today’s kind of a slow day work-wise. Relax, watch a holiday movie, take it easy.
Us, we’re reading. Not totally frivolous, mind you. A couple of scholarly pieces we’ve been meaning to take a look at for a while. We recommend you do so also. Maybe not today (we understand
New Cert Petition: Declaring Property Illegal To Own Is A Taking, Even If The Govt Doesn’t Confiscate It
As we noted in this post (“CA4 (Over Dissent): No Taking When Maryland Outlawed ‘Rapid Fire Trigger Activators’“), it was likely that a cert petition would follow after the U.S. Court of Appeals for the Fourth Circuit held (over a strong dissent) that it was not a taking when Maryland outlawed previously lawful
Hawaii: State Takings Are “Self-Executing” Constitutional Violations (Not Torts Or Breaches Of Contract), Subject To A Six-Year Statute Of Limitations
Here’s a big development in a case we’ve been following for a while (and in which we filed an amicus brief in support of the prevailing property owner).
In DW Aina Lea Dev., LLC v. State of Hawaii Land Use Comm’n, No. SCCQ-19-156 (Dec. 17, 2020), the unanimous Hawaii Supreme Court held that the
Reply In Penn Central And Lucas Takings Case
Here’s the Reply in Support of what we think is a very worthy cert petition, and which responds to the recently-filed BIO.
For the background of the case, check out this post (“What Constitutes a Loss“). The property owner has also summarized the situation thusly in its petition:
The State of
Fed Cir: No Taking, Because Oregon Property Law Is Clear (But Is It?)
A short (unpublished) one from the Federal Circuit, Albright v. United States, No. 19-2078 (Dec. 1, 2020).
This rails-to-trails takings case turned on the predicate question: do the plaintiffs own private property? That question turned on the lex loci, and whether, under Oregon law, the original right-of-way conveyance meant to grant to the
BIO In Penn Central And Lucas Takings Case
Here’s the State of Hawaii’s Brief in Opposition in a case we’ve been following for what seems like forever.
Check it out. The State waived response, but after a whole bunch of amici filed briefs in support of a cert grant (ours included), at least one of the Justices wanted to