Well, the hammer finally dropped and the Supreme Court today issued its opinion in Koontz v. St Johns River Water Management District, No. 11-1447 (June 25, 2013). The opinion comes out on the next-to-last day of the Term presumably because — unlike the earlier two takings cases — Koontz was not unanimous, but was
Waiting For Koontz
Mostly mising from all the anticipation over the Supreme Court’s “blockbuster” cases on same sex marriage, voting rights, and affirmative action, is the Court’s third takings decision of the term, Koontz v. St. Johns River Water Management District. Professor Ilya Somin primes the pump in this post, “Still Waiting for the Koontz Decision
Cert Denied In Western Water Rights Case
The Supreme Court has denied cert in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013).
That’s the case in which the Federal Circuit held that a 22-year old takings case was not ripe because even though the agency denied Hage’s every application for a grazing permit, it
Upcoming ABA CLE: “Supreme Court Takings – A First Look At Koontz And Horne”
Mark your calendars for July 12, 2013 for our CLE teleconference on “Supreme Court Takings: A First Look at Koontz and Horne,” sponsored by the ABA’s State and Local Government Law Section. We’ll start at 1:00 pm ET (Noon CT, 11:00 am MT, 10:00 am PT, 7:00 am HT). Here’s the program
Unanimous SCOTUS: There’s More To The Takings Clause Than Just “Just Compensation”
Having now had a chance to review in detail the U.S. Supreme Court’s unanimous opinion in Horne v. U.S. Dep’t of Agriculture, No. 12-123 (June 10, 2013), we were struck by how at least one of the reactions to the decision painted it as a “narrow, specialized ruling” that’s more of a one-off, than
Raisin Round-Up: Initial Reports On Horne v. USDA
We haven’t had time to write up our thoughts about today’s unanimous Supreme Court opinion in Horne v. U.S. Dep’t of Agriculture, No. 12-123, but to tide you over until then, here are the initial reports on the case:
- Update: here’s our thoughts on Horne.
SCOTUS: Property Owner Can Raise(in) A Takings Defense
Looks like the Supreme Court tackled the easier of the two remaining takings cases first. This morning, the Court issued a unanimous opinion, authored by Justice Thomas, reversing the Ninth Circuit and holding that federal courts have jurisdiction to hear a property owner’s defense in a case where the agency has imposed or seeks to
Final Brief In Western Water Rights Takings Case
Here’s the Reply Brief, filed by the petitioner/property owner in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013).
That’s the case in which the Federal Circuit held that a 22-year old takings case was not ripe because even though the agency denied Hage’s every application for a grazing
Materials From Today’s Virginia Eminent Domain Conference
For those of you attending the Virginia Eminent Domain Conference, here’s the expanded papers on “Tough Takings Questions: Regulatory Takings, Zoning Issues and Judicial Takings” and Public Use issues.
Use the password provided at the conference to open the pdf’s. It’s the same p/w for both. If you forgot the password, email me.
For those who did not attend, sorry folks, there are some benefits to coming to a conference! Y’all are going to have to wait for a bit — after a decent interval to allow the attendees to get their money’s worth, we’ll remove the password.
For more about the cases and books we discussed yesterday during my presentation on “Virginia’s Place in National Eminent Domain Trends, check these out:
- Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) (private takings, Public Use Clause).
- Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005) (gas station rent control, and the demise of the “substantially advance” test as a takings test).
- Kaiser Aetna v. United States, 444 U.S. 164 (1979) (navigable waters, regulatory takings).
- Livingston v. Virginia Dep’t of Transportation, 726 S.E.2d 264 (Va. 2012) (flooding and taking liability).
- James Ely, The Guardian of Every Other Right: A Constitutional History of Property Rights (1998) (read this book!).
Continue Reading Materials From Today’s Virginia Eminent Domain Conference
Fla Fed Ct: Exaction Scheme Is “Constitutional Mischief” To Avoid “Nettlesome Payment of ‘Just Compensation'”
Here’s one to brighten your day, courtesy of the the U.S. District Court for the Middle District of Flordia (that’s Tampa, to all you non-Floridians). In Hillcrest Property, LLP v. Pasco County, No. 8:10-cv-819-T-23TBM (Apr. 12, 2013), the court held the county’s “Right of Way Preservation Ordinance” that allows it to land