When an opinion starts off with “[t]his case offers a feast of legal issues – ranging from procedural to constitutional – but its main course is a cautionary tale to government entities: they must follow the exact statutory requirements for bringing a condemnation action[,]” you just know that you have to read the entire thing.
Dissenting Virginia Supreme Court Justices: By Suspending Evictions, Courts May Be Liable For Judicial Takings
Here’s the Virginia Supreme Court’s order (over vociferous dissents) extending a ban on state courts issuing writs of eviction and processing unlawful detainer (eviction) proceedings:
“Effective August 10,2020, and through September 7,2020, pursuant to Va. Code § 17.1-330, the issuance of writs of eviction pursuant to unlawful detainer actions is suspended and continued. However, this
Is It A Taking When Five-O Bogarts Your (Legal) Weed?
California law has decriminalized weed. Local governments, however, may regulate the use, sale, possession, and other things (like it can regulate other perfectly legal things). You know, police power kind of regulation.
Under that latter authority, the County of Santa Cruz adopted an ordinance that prohibits a medical weed facility from growing more than 99
Michigan: Gov’t Keeping The Change From Tax Delinquency Sale Is A Taking
Our Louisiana friends have a great word — lagniappe — that we’re not sure we understand precisely, but to us has always meant that little something extra. As Mark Twain wrote, “[i]t is the equivalent of the thirteenth roll in a ‘baker’s dozen.’ It is something thrown in, gratis, for good measure.” As far as
Hawaii AG: For The Hearing At Which I Will Argue That Indoor In-Person Gatherings Are Dangerous, Let’s Gather Indoors In-Person!
Here’s the latest in the remaining federal court challenge to Hawaii Governor David Ige’s coronavirus-related series of orders which, among other things, suspended a wide range of statutes, ordered activities deemed “nonessential” to stop or be limited, imposed a two-week self-quarantine on interisland, mainland, and international travelers, effectively shut down one of the main engines
Should Takings Mavens Follow The Latest Eminent Domain Case At SCOTUS?
Short answer: yes, with a caveat. For why there’s an asterisk on this one, take a look at the Supreme Court’s electronic docket for PennEast Pipeline Co., LLC v. New Jersey, No. 19-1039 (cert. petition Feb. 20, 2020) (a case we’ve been following), and tell me whether you think there’s anything unusual about
NC: There Isn’t Just One Way To Value An “Indefinite Negative Easement”
Back in December — only a few months ago, yet it seems like another world away — we attended oral arguments in Raleigh in a case we’ve been following for a long time, about North Carolina’s “Map Act.”
This case is the follow up (after remand) of the N.C. Supreme Court’s landmark decision in Kirby
How Property Law Helped To Save Hawaii’s Mother’s Day
As we understand it, at some of our leading law schools the basic Property course is no longer a required 1L course. It’s an elective. Quelle horreur!
We think that’s a bad idea. Our Property I course (a 4-credit one-semester monster) is where we learned about things like treasure trove (finders, keepers –
Take It Easy: Today Is Hawaii’s Secular Good Friday Holiday
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because today is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting of how it
CA4: No, Your Dog Being Killed By Adopted Violent Shelter Dog Isn’t A Taking
Suppose you’re walking your pooch “Kaiser” in the local dog park. Another owner is walking his dog “Odin” in the same park. Off-leash Odin attacks you and Kaiser, unfortunately killing Kaiser.
Those bastards took Kaiser, my property! A total wipeout Lucas taking (after all, you plainly have been 100% deprived of both the use and