Here’s a newly-filed cert petition which asks the Supreme Court to review a Sixth Circuit decision in which the county auctioned the Church’s property to satisfy a tax lien, then kept the difference between the owed taxes plus costs, and the proceeds from the sale. The court dismissed the claim under Williamson County because it
The Federal Courts Aren’t “Super Zoning Boards Of Appeal,” But They Have Time For Monkey Selfies
We’ll just leave this right here. Dr. Zaius could not be reached for comment.
Night of the Living Zombie Zoning Inspectors – Ordinance Allowing Searches For Unauthorized Cemeteries “Constitutionally Suspect,” But Not Yet Justiciable
The Township of Scott, Pennsylvania, apparently has a problem of unregulated cemeteries. Who knew?
So it did what local government do when they think they have a problem, it passed a law. That law, Ordinance 12-12-20-001, required owners of all cemeteries, public or private, to maintain them. The ordinance also contained two troublesome provisions.
Recording – “Takings: Emerging Issues” ABA State & Local Government Law Section Talk
Here’s the audio recording of the talk we gave to the ABA Section of State and Local Government Law’s Land Use Committee earlier today. (Some of you may note that in the intro we say the talk was on “June 17,” but since that’s tomorrow, we assume you understand that is just an error.)
The
Links From Today’s ABA Presentation – “Takings: Emerging Issues”
Update: the audio recording is posted here.
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Here are the links to the cases we mentioned in today’s ABA State and Local Government Law Section presentation, “Takings: Emerging Issues.”
The “Larger Parcel” In Regulatory Takings (and Eminent Domain)
Oregon App: Physical Inverse Condemnation Claim Is Ripe From The Moment Of Occupation
A quick one from the Oregon Court of Appeals. In Courter v. City of Portland, No. A158840 (June 7, 2017), the court concluded that the property owners’ inverse condemnation claim — which alleged that the City had not buried its pipes deep enough — was ripe for judicial review.
The case started after the
Upcoming Free Takings Talk (Friday, June 16, 2017). But There’s A Catch…
Mark your calendars for this Friday, June 16, 2017, at 2:00 p.m. Eastern Time for a free talk we’ll be giving, “Regulatory Takings: Emerging Issues.”
Yes, it’s free, but there’s a catch: this talk is sponsored by the ABA Section of State and Local Government Law’s Land Use Committee, and you have to
Michiganders: Go Ahead, File Your Federal Regulatory Taking And Inverse Condemnation Claims In Federal Court
You heard that right. After the Michigan Court of Appeals’ recent ruling in Lanzi v. Township of St. Clair, No. 329795 (May 23, 2017), you should consider skipping the usual Williamson County step of filing your federal takings claims in state court.
In that case, property owners sued the township after the township’s sewage
6th Cir: Takings Clause Isn’t Really Self-Executing, So Federal Takings Plaintiffs Must Go To The CFC; And No, They Don’t Get A Jury Either
Here’s one we’ve been waiting for (we filed a brief in support of the property owner), one in which we were hoping (although not expecting) a more favorable result.
In Brott v. United States, No. 16-1466 (May 31, 2017), the Sixth Circuit held that federal inverse condemnation plaintiffs who sue for more than
Federal Court Dismisses Removed Takings Claim Under Williamson County … And That’s OK
We don’t normally post trial court decisions, particularly ones which simply dismiss a case. But the U.S. District Court for the Eastern District of Pennsylvania’s recent memorandum order in The Property Management Group, Ltd. v. City of Philadelphia, No. 17-1260 (May 23, 2017), which deals in part with a somewhat unusual takings claim, is