Check out this story by JD Morris (“PG&E renews push to avoid strict liability for 2017, 2018 fires“) in the San Francisco Chronicle, about the recent (and ongoing) California wildfires, and the issue of what has been called the “unusual,” “unique,” and “so-called” doctrine of inverse condemnation in that state’s courts.
Register Now! ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Nashville, Jan 23-25, 2020)
Registration underway, so come join us! Agenda full of hot topics in takings and appraisal law! The best national faculty! Renew friendships, and make new colleagues! And Nashville!
Download the brochure and make your plans for January. (Don’t wait, we’ve sold out the past three years.)
New (Judicial Takings!) Cert Petition: NY Court Took Property When It Disallowed Deregulation Of Luxury Rent Controlled Apartments
Here’s a two-fer that covers very difficult and unsettled subjects in takings law: judicial takings and rent control.
In this cert petition, New York property owners assert that the New York Court of Appeals (the state’s highest court for those of you who do not watch Law & Order (dun-dun)), took private
CA10: SWAT Attack On Home Where Shoplifting Suspect Holed Up Isn’t A Taking
We’re back again at that supposed distinction between the police power and the eminent domain power, which reminds us of that old tale about President Lyndon Johnson:
After reviewing a contingent of Viet Nam-bound Marines in California, Lyndon Johnson strode purposefully toward what he thought was his helicopter. “That’s your helicopter over there, sir,”
All Of Our Past California Wildfires And Inverse Condemnation Posts
With the ongoing wildfire dramas ongoing across California, several of you have asked us to collect the posts we have done about inverse condemnation liability in one place. So here you go:
- Lights Out In The Land Of No: The Practical Effects Of California’s Wildfire Inverse Condemnation Doctrine
- Cal Supreme Court: Stop Saying Inverse Condemnation
State’s Amicus Response: Two-Year Statute Of Limitations In State Law Takings Claims Because Inverse Condemnation Isn’t The Same As Eminent Domain
Here’s the State of Hawaii’s response to an amicus brief we filed in a case that asks the Hawaii Supreme Court to resolve the question of what statute of limitations governs takings claims under the state constitution. We argued that constitutional claims such as these might not be subject to legislatively-imposed statutes of
Cal App: Agency Has Power To Adjudicate Whether The Agency Itself Is Taking Property (Really)
Update 10/25/2019: an astute and seasoned correspondent writes that the issue of whether a property owner must raise constitutional issues in the administrative proceedings was settled in a published opinion that involved the same agency, the California Coastal Commission. See Healing v. Cal. Coastal Comm’n (1994) 22 Cal. App. 4th 1158 (we put in in
City Engineer’s Email Was Not “Official Action” Triggering Vested Rights Even If You Responded With A Smiley Emoji
There’s nothing terribly novel in the Texas Court of Appeals’ opinion in City of Houston v. The Commons at Lake Houston, Ltd., No. 14-18-00664-CV (Oct. 15, 2019), but we highlight it here for a couple of reasons.
First, the court’s holding that a regulatory takings claim was not ripe because the property owner
Amicus Brief: Federal Circuit Assumes Plaintiffs Understand SCOTUS’ Regulatory Takings Doctrine Better Than SCOTUS Understands Regulatory Takings Doctrine
We’re in California, where we’re playing Lincoln Lawyer for a few days because in its infinite wisdom, the utility company has preemptively shut off power for one week due to the threat of wildfire inverse condemnation lawsuits. We’re actually playing Chevy Tahoe Lawyer, because we’re literally working out of a truck since that’s
ALI-CLE Eminent Domain & Land Valuation Litigation Conference – Jan 23-25, 2020, Nashville
