You already know that Associate Justice of the U.S. Supreme Court John Paul Stevens has announced his retirement from the Court. On that august occasion, we look back on his “takings” opinions.
One commentator, lawprof
Sunday Eminent Domain Round-Up
What we’re reading today:
- Curbing abuse of eminent domain – A Denver Post editorial on a new Colorado statute designed to limit the power of the government to declare farmland “blighted” (“The new law says land that has been classified by the county assessor as agricultural land cannot be condemned for urban renewal. However, it
8th Circuit: Rooker-Feldman Not Applicable, But Federal Claims Precluded Under San Remo
To paraphrase comedian Jeff Foxworthy, if you understand the title of this post…you might be a regulatory takings lawyer.
And when you hear the terms “Rooker–Feldman” and “San Remo,” you know you are knee deep in the often-bizarre procedural maze where a regulatory takings claim in federal court
Making Regulatory Takings Harder
More on the closely-followed case rent control regulatory takings decision from the Ninth Circuit, Guggenheim v. City of Goleta, No. 06-56306 (Sep. 28, 2009), which is currently being reheard en banc by the Ninth Circuit.
Earlier, we posted a link to Professor Richard Epstein’s short article, Takings Law Made Hard, in which he
8th Circuit: Federal Takings Lawsuit Not Ripe
In granting a special zoning exemption to Shelter House, Iowa City allowed it to build a homeless shelter on land next to Mr. and Mrs. Dahlen’s mobile home park. After losing their challenge to the zoning exemption, the Dahlens filed suit in federal court alleging the exemption violated their due process rights.
That claim was
NJ Law Journal’s Summary Of The Klumpp Oral Arguments (The “Bizarre Condemnation”)
Calling the case “tempestuous,” the New Jersey Law Journal (via law.com) summarizes this week’s New Jersey Supreme Court oral arguments in Klumpp v. Borough of Avalon,No. A-49-09 (certification granted Nov. 10, 2009). See Michael Booth, Town’s Taking of Beachfront Property Without Compensation Tested at Court (Mar. 24, 2010).
In Klummp v. Borough of Avalon
California Court Of Appeal: Takings Claims Brought Too Early, Too Late, And No Damages For Violations Of The Right To Petition (Inter Alia)
The latest skirmish in California’s mobile home rent control wars, this time from the California Court of Appeal, Fourth District, in two cases out of San Diego county, MHC Financing Ltd. P’ship v. City of Santee, No. D053345 (Mar. 15, 2010).
The cases present a convoluted series of facts and procedural twists which we
Ninth Circuit To Hear Rent Control Takings Case En Banc
This just in: the U.S. Court of Appeals for the Ninth Circuit will be hearing Guggenheim v. City of Goleta, No. 06-56306 (Sep. 28, 2009) en banc.
The panel opinion in Guggenheim held that the city’s mobile home rent control ordinance was a regulatory taking, an issue the court had never considered before:
Eagle On Regulatory Takings (4th ed. 2009)
I just received my copy of the latest edition of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis, 4th ed. Dec. 2009).
Like the earlier editions, this is a must-have for every land use and property law attorney’s back bookshelf.
Chapters include “Property Rights and Their Sources,” “The Ascendancyof Land Use Regulation,” “Analytical
Reply Brief: Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim?
Here’s the Reply Brief filed last month by the property owner in Leone v. County of Maui, No.29696,an appeal in the HawaiiIntermediate Court of Appeals which is considering, among other issues,the question of when a regulatory takings claim is ripe for reviewunder Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City