Here’s the amici brief of the National Association of Home Builders, the National Association of Realtors, the National Association of Independent Business Small Business Legal Center, and others in the case we’ve been following out of the federal courts in Florida about a county’s “right of way preservation” ordinance (which is somewhat similar, but perhaps
2d Cir: Amtrak SOL On Claim Its Property Immune From NY’s Eminent Domain Power
The State of New York wants to build the Bronx River Greenway, a “23-mile-long ribbon of green with a multi-use path that will extend along the full length of the river in Westchester County and the Bronx.” Who could argue with that?
Amtrak, that’s who. After failing to acquire 6 parcels along the river
NC App: “Map Act,” Which Land Banks Property For Future Highways, Is A Taking
Here’s the latest in an issue we’ve been following out of North Carolina.
In Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015), the N.C. Court of Appeals not only held that the property owners’ claims were ripe, but that the Map Act — which gives the DOT the ability to
9th Circuit Oral Arguments: Reg Takings, Private Takings, Due Process … And Williamson County
Yesterday, we were able to attend the Ninth Circuit oral arguments in a case which we posted on last month, Rancho de Calistoga v. City of Calistoga, No. 12-17749.
In that case, the U.S. District Court for the Northern District of California dismissed the complaint filed by the owner of a wine country
9th Circuit Amicus Brief: How To State A Valid Claim After Lingle – Regulatory Taking, Private Taking, Or Due Process?
The wheels of justice may grind slowly, but they do grind. Yesterday, the Ninth Circuit granted a motion we filed back in June 2013, and permitted us to file this amicus brief on behalf of the Western Manufactured Housing Communities Association in a case that is scheduled to be argued in mid-February 2015, Rancho de
7th Circuit Tosses Prisoner’s Takings Claim Under Williamson County’s State Procedures Rule
Sorrentino v. Godinez, No. 13-3421 (Jan. 23, 2015) was a lawsuit by prisoners complaining that several items which they purchased from the prison commisary — a fan and a typewriter — were later declared by the warden to be prohibited contraband.
Under the new rules, their property was “removed,” and the prisoners given options
New Cert Petition: Must A Plaintiff Challenging An Ordinance For Facial Invalidity File Suit Before Her As-Applied Claim Has Ripened?
Here’s the latest in a case we’ve been following, the property owner’s cert petition, filed last week, in which a U.S. District Court invalidated a Florida county’s “Right of Way Preservation Ordinance” which allows it to land bank for a future road corridors by means of an exaction. The court concluded the ordinance
Still Time To Join Us For The 2015 ALI-CLE Eminent Domain Programs In San Francisco
This could be your view, winging your way to San Francisco in a couple of weeks, to join us for the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation Conference (and the concurrent Condemnation 101 program), at the Hotel Nikko, February 5-7, 2015.
There’s still a few spaces left, and time to register. We’re the
Cert Denied In Kurtz: Williamson County Lives! (For Now)
It’s always a safe bet to predict that the Supreme Court will deny review in a case, and if that’s what you had guessed for Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014), today’s order list would prove you right.
That’s the case in which the Second Circuit
2015 Hawaii Land Use Law Conference
Ben Kudo and David Callies, leading off
Professor Richard Epstein began the Hawaii Land Use Law Conference with the keynote presentation on “Stealth Takings: Exactions, Impact Fees, and More,” which was his usual comprehensive and non-stop takedown of takings law.
Our panel on Impact Fees and Exactions After Koontz followed, and here are