This is a longer post, but we think it’s worthy of your time. That’s because even though there’s a lot going on in the opinion by the California Court of Appeal in Property Reserve, Inc. v. Superior Court, No. C067758 (Mar. 13, 2014), it cuts through much of the unnecessary doctrinal fog surrounding takings
Cal App: County Can Condition Building Permit On Landowner Allowing Aircraft Overflight Easement
In Powell v. County of Humboldt, No. A137238 (Jan. 16, 2014), the California Court of Appeal held the County’s demand that landowners who sought an after-the-fact building permit for a carport and porch for their mobile home dedicate an overflight easement for the nearby Eureka airport did not run afoul of Nollan–Dolan
HAWSCT: State Agency Approval Not A Ripeness Bar To Challenge To County Approvals
Here’s one for you land users which details how the very broad way Hawaii Supreme Court treats claims of jurisidictional ripeness.
In Blake v. County of Kauai Planning Comm’n, No. SCWC-11-0000342 (Dec. 19, 2013), the court held that a third-party challenge to the Kauai Planning Commission’s subidivision approval was ripe for adjudication, and that
New Article: Recent Developments in Regulatory Takings
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Regulatory Takings, 45 Urban Lawyer 769 (2013).
Here’s the Introduction to the article:
THE SUPREME COURT’S 2012 TERM promised to be a banner year in regulatory takings law, with
Cal App: Rental Owner Makes “Enough,” But Can Go To Federal Court Later
Rent control cases rarely thrill us. They’s often long, the ordinances and rules being challenged are usuallylabyrinthian, and from our point of view, the results are mostly unsatisfying.
The California Court of Appeal’s recent opinion in Colony Cove Properties, LLC v. City of Carson, No. B227092 (Oct. 21, 2013) doesn’t deviate from that pattern:
IMLA Conference Session On Koontz, Harvey Cedars, Relevant Parcel
A big thanks to my Owners Counsel of America and ABA State and Local Government Law Section colleague Dwight Merriam for emceeing today’s well-attended double session on land use and takings law at the International Municipal Lawyers Association’s 2013 annual meeting in San Francisco. Dwight and I were joined by land use expert Cecily
Must Read Monday: RLUIPA Ripeness, “The Taking Issue,” Oysters In The Wilderness, Precondemnation Damages
Here’s what we’re reading today:
- As we hoped, our RLUIPA gurus have posted on a recent 11th Circuit case about Williamson County ripeness and RLUIPA – “Eleventh Circuit Clarifies Ripeness Requirements for RLUIPA and Constitutional Land Use Claims.”
- More background from Professor Gideon Kanner on “The Taking Issue,” a publication which
Conference Announcement: The Taking Issue – 40th Anniversary Symposium
If you are anywhere within striking distance of Touro Law School (Central Islip, Long Island), you should make plans to attend a conference that promises two days of fantastic programming on October 3 and 4, 2013.
“The Taking Issue – 40th Anniversary Symposium” is dedicated to the memory of the legendary Professor Fred
11th Cir: RLUIPA Case Not Unripe Under Williamson County
The U.S. Court of Appeals for the Eleventh Circuit, in Temple B’Nai Zion, Inc v. City of Sunny Isles, No. 12-12094 (Aug. 29, 2013), held that the Williamson County ripeness doctrine did not prevent the Temple from bringing its RLUIPA (and related) claims in federal court.
The right result for sure. But wait, you
4th Cir (Again): Federal Takings Claim Should Be Heard In Federal Court
Just over a month ago, the U.S Court of Appeals for the Fourth Circuit held that a federal takings case could actually proceed in federal court. Well yesterday, the same court issued a similar opinion in a related case, Town of Nags Head v. Toloczko, No. 12-1537 (Aug. 27, 2013).
We won’t go