Earlier this week, we posted our visit to the site of the U.S. Supreme Court’s decision in Hadacheck v. Sebastian, 239 U.S. 394 (1915). It’s been over 100 years since that case was decided by the Court, but to Hinga Mbogo, the Dallas auto mechanic profiled in the above video from the Institute for
Hawaii Federal Court: Get Ready For Trial On Lucas And Penn Central Takings Claims
As we noted here (“Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights“) the U.S. District Court for the District of Hawaii is considering a regulatory takings case (removed by the defendant State of Hawaii from Hawaii courts) involving a stalled development on the Big Island.
At
Upcoming Events And CLE’s – Appellate, RLUIPA, Sharing Economy, And More
Here are some upcoming events in which you may be interested, in chronological order:
- Sharing Economy: this Friday, October 16, 2015, from 1:00 pm – 2:30 pm ET: “Is Sharing Really Caring? Part I: The Law of Transportation Sharing: Uber, Lyft, and the Sharing Economy.” This is a webinar-format program, a follow up
Takings International – Canada, Philippines … And More
We’ve been remiss in updating for the past few days, caught up in the whirlwind that is the ABA Annual Meeting. But that’s now over and we can finally return to our usual blogging routine.
First up, News of the World:
- The Supreme Court of Canada has a new Justice, Russell Brown. He’s
9th Circuit: Fee To “Activate” Workers’ Comp Lien Not A Taking – The Liens Are Not Property
There’s apparently a huge backlog in California of liens which workers’ comp medical providers file to seek payment for services they’ve provided to injured workers.
These are liens possessed by service providers for workers whose employers declined to provide treatment on the ground it is not work related. In those cases, the worker may seek
Michigan: Voluntary “Giving” By Public School Employees To Fund Failing Retiree Health Benefits Is Not A Taking
In AFT Michigan v. State of Michigan, No. 148748 (Apr. 8, 2015), the Michigan Supreme Court upheld a state statute which mandated a 3% reduction in public school employees’ salaries (to fund a failing school employee retiree health care system), and concluded it was not a taking because it was a voluntary giving by
Amici Brief: Property Owners Have Right Of Direct Access To Highways That Can’t Be Regulated Away
Here’s the amici brief on behalf of Central Oregon Builders Association, Oregonians in Action, and Owners’ Counsel of America in a case being considered by the Oregon Supreme Court, State of Oregon v. Alderwoods (Oregon), Inc., No. S062766.
In an eminent domain action to improve Highway 99W in Tigard, Oregon, the DOT condemned Alderwoods’
What Were They Thinking, Part II: DOT Can’t Take Advantage Of “Scrivener’s Error” To Avoid Eminent Domain
The Wisconsin Court of Appeals’ decision in Somers USA, LLC v. Wisconsin Dep’t of Transportation, No. 2014AP1092 (Mar. 25, 2015), is the second case we’re posting today that has us asking — just what was the government thinking?
This kerfuffle resulted from the DOT trying to take advantage of Somers’ scrivener’s error, made when
Tiki Island’s Prohibition Of Vacation Rentals A Penn-Central Taking (For Now)
Thankfully, the only “Tiki Island” we have in Hawaii is a miniature golf course. Because the name “tiki” should be reserved for such things, or for kitschy bars, or Trader Vic-knockoffs.
And please, honest-to-goodness real municipalities should never be named Tiki Island. No matter how nice they appear to be.
A Zoning Due Process Violation From The Land Of Euclid: Owner Can’t Lose Nonconforming Use By Actions Of Tenant
Check out State ex rel. Sunset Estate Properties, LLC v. Village of Lodi, No. 2013-1856 (Mar. 10, 2015), a case in which the Ohio Supreme Court held that a local zoning ordinance was unconstitutional on its face.
The Village’s zoning code, adopted in 1987, banned manufactured home (trailer) parks. Of course, the ordinance could